The U.S. Supreme Court has, through the due process clause of the Fourteenth Amendment, incorporated many of the protections and prohibitions contained in the Bill of Rights. By doing so, the Supreme Court has required that state and local governments obey those portions of the Bill of Rights that have been incorporated. Consider 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. When a trial is occurring, the defendant can exercise his or her rights and also argue the violation of his or her rights during due process and 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.) (25%)
- Which court in the nation is the highest and its decisions cannot be appealed to any other court? Does this court have original jurisdiction over any criminal actions? (25%)
- Please provide APA citations and references. (5%)