High School

Benton v. Maryland was an incorporation of which Bill of Rights amendment?

A. 6th
B. 2nd
C. 1st
D. 5th

Answer :

Final answer:

Benton v. Maryland incorporated the Fifth Amendment, specifically its double jeopardy provision, into state law through the Fourteenth Amendment. This case illustrates the process of selective incorporation, where certain rights are applied to states. The Supreme Court plays a crucial role in deciding which Bill of Rights protections are binding on the states.


Explanation:

Benton v. Maryland and Incorporation

The case Benton v. Maryland (1969) was significant in the context of the incorporation of the Fifth Amendment of the Bill of Rights. It involved the double jeopardy clause, which protects individuals from being tried twice for the same offense. The Supreme Court ruled that this protection applies to the states through the Fourteenth Amendment's Due Process Clause, effectively incorporating the Fifth Amendment's double jeopardy provision.

This decision is part of a broader legal principle known as selective incorporation, where the U.S. Supreme Court evaluates and determines which rights in the Bill of Rights apply to the states. While not all rights have been incorporated, many, including those in the First and Sixth Amendments, have been extended to protect individuals from state actions.


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