What Timbs Does Not Say
George Washington Law Review On the Docket (March 7, 2019),
3 Pages Posted: 24 Feb 2020
Date Written: March 7, 2019
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
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