The U.S. Bill of Rights is intended to protect the rights of Americans in criminal prosecutions. However, some of its guarantees do not apply to the states. The U.S. Supreme Court is currently reviewing whether states should incorporate all of these rights. Its ruling, expected in June, could greatly impact criminal defense rights in Indiana.
The Supreme Court has not previously addressed whether states must incorporate the Eighth Amendment's right against excessive fines and the Third Amendment's protection against quartering troops. In earlier cases, it did not require states to guarantee the right to criminal indictment by a grand jury under the Fifth Amendment, jury unanimity in criminal trials under the Sixth Amendment and the right to a jury in civil trials contained in the Seventh Amendment.
