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To: The Unnamed Chick
You do NOT have the rights you think you have!!!

The 14th Amendment made the Bill of Rights applicable to all of the states. Prior to the 14th Amendment, the Bill of Rights was applicable ONLY to the Federal government.

HOWEVER, that is being slowly eroded by the U.S. Supreme Court. For example, most people think that they have a right to TRIAL BY JURY in all criminal cases, as stated in the Constitution (Article III, Section 2, Clause 1) AND the 6th Amendment (of the "Bill of Rights"). Right?

Well, if you think that, you would be wrong!

The U.S. Supreme Court has ruled that people do NOT necessarily have the right to a trial by jury in all criminal cases -- only for "serious" cases (i.e., those in which the sentence for each crime is at least 6 months in prison). Thus, if you are charged with 20 "petty" crimes (each carrying a potential sentence of only 5 months in prison, but which could add up to 100 months -over 8 years-) in prison), you do NOT have the right to a trial by jury.

See: 1.) Duncan v. Louisiana, 391 US 145 (1968)
2.) Baldwin v. New York, 399 US 66 (1970)

No kidding!!

153 posted on 09/20/2002 11:03:23 AM PDT by JackIV
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To: JackIV
The 14th Amendment made the Bill of Rights applicable to all of the states.

The gradual judicial incorporation has been partial and selective.

157 posted on 09/20/2002 11:05:03 AM PDT by Roscoe
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