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Which provision of the Fifth Amendment has NOT been incorporated to provide protection against actions by state and local officials?
Wiki User
∙ 14y ago
The right to a grand jury indictment (Grand Jury Clause) has not been incorporated to the states, per the decision in Hurtado v. California, 110 U.S. 516 (1884). "This provision applies only in federal courts and is not applicable to the States, either as an element of due process or as a direct command of the Fourteenth Amendment."
It is important to note that, while the states are not required to use Grand Juries, those that have eliminated the practice have replaced Grand Juries with preliminary hearings, which provides similar, but not identical, constitutional protection.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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∙ 14y ago
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Because of this amendment the equal protection provision forbids any state and its local governments from discriminating against a group of people.?
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Has the Fifth amendment review right to grand jury been incorporated?
Generally speaking, the Fifth Amendment guarantee that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury" has NOT been incorporated by the Fourteenth Amendment. In other words, this provision of the Fifth Amendment only applies to prosecution conducted by the federal government. It does not apply to persons prosecuted by a state or local government.
What amendment gave the equal protection provision forbids any state and its local governments from discriminating against a group of people.?
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an amendment process
