What Timbs Does Not Say

Abstract

In Timbs v. Indiana, the United States Supreme Court decided that the Excessive Fines Clause of the Eighth Amendment applied to the states. In conjunction with this discussion, it did not mention the few rights that remain unincorporated and explain why this so. Practically, after Timbs, only jury rights -- unanimity, the grand jury right, and the civil jury right -- do not apply to the states. Given their history and importance, these rights should be incorporated.

Keywords: grand jury, civil jury, unanimity, Timbs, jury