Due Process/Incorporation

Question 0

Exclusionary rule

Answer 0

Applies to federal cases, not to states, 4th amendment, applies to states by selective incorporation

Question 1

Fundamental fairness

Answer 1

Whether a particular BOR guarantee is fundamental to the American scheme of ordered liberty and system of justice, enforceable against the states through the due process clause

Question 2

Total incorporation

Answer 2

14th amendment totally incorporates all of the provisions of the bill of rights. The amendment makes the BOR applicable to the states. This is Justice Black’s theory, not adopted by court

Question 3

Selective incorporation

Answer 3

Court began to hold that due process clause fully incorporates particular rights contained in the first 8 amendments

Question 4

Forcible bodily extractions

Answer 4

Can’t uses evidence if it shocks the conscience, violates due process clause of 14th amendment. Privilege against self incrimination if taken without consent. Rochin test. Draw blood ok with probably cause and consent/warrant