Introduction

Question 1

What are the constitutional requirement binding on states?

Answer 1

The first eight amendments to the U.S. Constitution apply to the federal government. Most of these rights are applicable to the states through the Due Process Clause of the Fourteenth Amendment. The followingrights are binding on
the states (as well as the federal government):
• The Fourth Amendment prohibition against unreasonable searches and seizures, and the exclusionary rule
• The Fifth Amendment privilege against compulsory self-incrimination
• The Fifth Amendment prohibition against double jeopardy
• The Sixth Amendment right to speedy trial
• The Sixth Amendment right to a public trial
• The Sixth Amendment right to trial by jury
• The Sixth Amendment right to confront witnesses
• The Sixth Amendment right to compulsory process for obtaining witnesses
• The Sixth Amendment right to assistance of counsel in felony cases and in misdemeanor cases in which imprisonment is imposed
• The Eighth Amendment prohibition against cruel and unusual punishment; and
• The Eighth Amendment prohibition against excessive fines
Note: The Constitution provides the floor of protection for criminal defendants. States are free to grant greater protection, and many do

Question 2

How does a grand jury work?

Answer 2

The right to indictment by a grand jury for capital and infamous crimes has been held not to be binding on the states. It has not yet been determined whether the Eighth Amendment prohibition against excessive bail creates a right to bail. However, most state constitutions create a right to bail and prohibit excessive bail.