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The Warren Court (1953–69)

Criminal Procedure and Constitutional Rights

How was the Warren Court instrumental in advancing the freedoms in the Bill of Rights?

Most notably, the Warren Court ruled in a series of cases that many of the freedoms in the Bill of Rights were extended to the states through the Due Process Clause of the Fourteenth Amendment. The text of the Bill of Rights begins with the words “Congress shall make no law.” This means that the Bill of Rights only applies to protections from the federal government. However, over the course of the twentieth century, most freedoms found in the Bill of Rights have been extended to the states through the Due Process Clause. The Warren Court was known for extending many of the criminal procedure rights. These cases included:

Mapp v. Ohio (1961): Fourth Amendment exclusionary rule
Robinson v. California (1962): Eighth Amendment ban on cruel and unusual punishment
Gideon v. Wainwright (1963): Sixth Amendment right to counsel
Malloy v. Hogan (1964): Fifth Amendment right against self-incrimination
Pointer v. Texas (1965): Sixth Amendment right to confront witnesses
Parker v. Gladden (1966): Sixth Amendment right to an impartial jury
Klopfer v. North Carolina (1967): Sixth Amendment right to a speedy trial
Washington v. Texas (1967): Sixth Amendment right to compulsory process
Duncan v. Louisiana (1968): Sixth Amendment right to a jury trial in criminal cases
Benton v. Maryland (1969): Fifth Amendment right to be free from double jeopardy



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