The Warren Court's Incorporation Revolution

Under Chief Justice Earl Warren, who served from 1953 to 1969, the Supreme Court incorporated most remaining criminal-procedure rights in a rapid series of cases. Mapp v. Ohio in 1961 applied the exclusionary rule; Robinson v. California in 1962 applied the ban on cruel and unusual punishments; Gideon v. Wainwright in 1963 applied the right to counsel; Malloy v.

Hogan in 1964 applied the privilege against self-incrimination; Pointer v. Texas in 1965 applied the confrontation right; Klopfer v. North Carolina in 1967 applied the right to a speedy trial; Duncan v. Louisiana in 1968 applied the jury trial right; and Benton v. Maryland in 1969 applied double jeopardy.

Supporters saw these rulings as making equal justice a national standard, especially where state systems treated poor and minority defendants unfairly. Critics argued the Court was taking over policing policy from states and making law enforcement harder. Later courts incorporated more rights, but a few, such as the grand jury and civil jury requirements, still apply only to the federal government.