The U.S. Supreme Court has, through the Due Process Clause of the 14th Amendment, incorporated many of the protections and prohibitions contained in the Bill of Rights. By doing so, the U.S. Supreme Court has required that state and local governments obey those portions of the Bill of Rights that have been incorporated. Write a 2–3-page paper that considers the following:
- Previously in Chapter 2 of the textbook, you learned about the Doctrine of Selective Incorporation of the Bill of Rights, which outlines the rights contained in the Bill of Rights that pertain to the state governments via the Fourteenth Amendment (for those charged in state court with a criminal law violation). When the trial is occurring, the defendant can exercise his or her rights and argue whether there was a violation of his or her due process rights prior to his or her arrest.
- Explain how these rights and due process can be the basis for an appeal of a criminal trial, as shown in your reading assignment for this lesson. To which court can the verdict from a state trial be appealed (use your state as an example)?
-
- To which court can the verdict from a federal trial court be appealed (again, use your state as an example)?
- Is there an intermediate court of appeals in your state or federal system?
- Which is the court of last resort (highest appeals court) in your state and in the federal courts? Does this court have original jurisdiction over any criminal actions?
- Please provide APA citations and references.
