Monday, October 7, 2019
Selective Incorporation Essay Example | Topics and Well Written Essays - 1000 words
Selective Incorporation - Essay Example Selective incorporation has been applied in numerous instances to protect and uphold human rights especially in a criminal proceeding. This was done during the tenure of chief justice Earl Warren when the rights enjoyed by the criminal defendants were expanded. For example, in the case of Gideon v Wainwright, the defendant was accused of breaking into bay harbor pool hall and stealing cigarette change from the vending machines.Though Gideon requested a lawyer to be appointed by the states, the state of Florida declined, stating that this can only be done in capital offenses. However, the Supreme Court ruled that the 14th amendment allowed all defendants to access the services of an attorney. This right, as stated in the sixth amendment of the constitution was meant to protect the rights of the accused and ensure the provision of free trails. The Miranda v Arizona established the principle of equal access to legal representation during a trial and the determination was based on select ive incorporation. Failure to inform a suspect of his right during arrest constitutes legal subjugation of their legal rights as contained in the first 8 amendments and the 14th amendment of the United States Constitution. The 5th amendment of the united states indicates that a suspect has a right to remain silent during arrest as any pronouncement made can be used against them in the determination of the case.The sixth amendment indicates that a legal counsel must represent suspects during the determination of their cases.