What is the incorporation controversy? What are the leading perspectives in conflict within this controversy?
What will be an ideal response?
Incorporation includes the Fourteenth Amendment's due process clause, which holds that no state shall "deprive any person of life, liberty, or property, without due process of law," to make certain protections specified in the Bill of Rights applicable to the states.
There are four leading views on the incorporation debate. The total incorporation view holds that the Fourteenth Amendment's due process clause incorporates the entire Bill of Rights.
Finally, some believe that incorporation should be decided case by case. This means that the facts and circumstances of each individual case should be weighed in order to determine if any protections listed in the Bill of Rights should apply at the state or local level.
The third view on incorporation is often referred to as total incorporation plus. This view holds that the Fourteenth Amendment's due process clause incorporates the whole Bill of Rights as well as additional rights not specified in the Constitution, such as the "right to privacy." The second leading view on incorporation is that of selective incorporation, or the fundamental rights view. It favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.
You might also like to view...
Generally, association is adequate to establish probable cause.
Answer the following statement true (T) or false (F)
What is the primary objective of the reintegration model?
A) Return the offender to society as a responsible and productive citizen B) Reintegrate offenders into their home communities C) Reunite offenders with their families D) Reduce offender recidivism
How do correctional agencies partner with private businesses?
What will be an ideal response?
The consensus model is a criminal justice model in which:
a. the content of criminal law is determined by the groups that hold economic, political, and social power in a community. b. a majority of citizens in society agree on what activities should be outlawed and punished as crimes. c. specific social groups determine which deviant behaviors are to be defined as criminal. d. the primary focus of law is to protect the individual from the power of government.