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Louisiana Defendant Form

Louisiana Defendant Form

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- [Man] The original Bill of Rights protected the rights of citizens from infringement by the federal government but made no mention of the states. The 14th amendment, which was adopted shortly after the Civil War protected citizenship and individual rights from infringement by state governments. Under the 14th amendment's due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states. In 1966, Gary Duncan was charged in Louisiana with simple battery, a misdemeanor punishable by up to two years in prison and a $300 fine. Duncan requested a jury trial, but at the time, Louisiana granted jury trials only in cases punishable by execution or imprisonment at hard labor an

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