Selective Incarceration Case Study

The Framers of the Constitution intended the Speedy Trial Clause to serve two purposes. It was for preventing defendants from languishing in jail for an indefinite period before trial. Pre-trial incarceration is a deprivation of liberty no less serious than post-conviction imprison. In some cases pretrial incarceration may be more serious since public scrutiny is often heightened, employment is commonly interrupted, financial resources are diminished, family relations are strained, and innocent persons are forced to suffer prolonged injury to reputation.
The second, the right to a jury of their peers. The Supreme Court has used Selective Incorporation to give the rights to the states to setup their jury system and that differs from the Federal