INTRODUCTION

Question 1

CONSTITUTIONAL REQUIREMENTS BINDING ON STATES

Answer 1

• First 8 amendments to U.S. Constitution apply to federal government.
• Most of these rights are applicable to states through Due Process Clause of 14th Amendment.
• The following rights are binding on states & federal gov:
• 14th: Prohibition against unreasonable searches & seizures, & exclusionary rule
• 5th: Privilege against compulsory self-incrimination
• 5th: Prohibition against double jeopardy
• 6th: Right to speedy trial
• 6th: Right to a public trial
• 6th: Right to trial by jury
• 6th: Right to confront witnesses
• 6th: Right to compulsory process for obtaining witnesses
• 6th: Right to assistance of counsel in felony cases & misdemeanor cases where imprisonment is imposed
• 8th: Prohibition against cruel & unusual punishment; and
• 8th: Prohibition against excessive fines
• Note: Constitution provides the floor of protection for criminal Ds. States are free to grant greater protection, & many do.

Question 2

CONSTITUTIONAL RIGHTS NOT BINDING ON STATES

Answer 2

• Right to indictment by grand jury for capital & infamous crimes has been held not to be binding on states.
• It has not yet been determined whether 8th am prohibition against excessive bail creates a right to bail.
• However, most state constitutions create a right to bail & prohibit excessive bail.`