Taking the 5th
Something I just realized, reading the section of my constitutional law textbook about due process and incorporation: despite the television shows, there was for a long time no 5th amendment right against self-incrimination in state court.
Admittedly many states have such a right in their state constitutions, but the supreme court wouldn’t enforce the 5th amendment against a state that doesn’t have such a rule. It wasn’t until around the 1960s, I think, that the criminal procedure stuff in the Bill of Rights was deemed binding on the states. And some of it still isn’t, like a right to a jury trial in a case involving more than $20.
For instance, in Maryland, I think you have to have at least $10k in controversy.
The right to counsel, however, is and I believe always was enforceable at the federal level upon state courts.
Weird.
Filed by Cally at March 1st, 2009 under Tags: 5th amendment, constitutional law, self-incrimination, state court