The right to a grand jury indictment in state criminal matters is one entitlement that hasn’t been fully implemented. In federal cases, the Fifth Amendment ensures this privilege, but the Supreme Court has ruled that it does not apply to the states. This indicates that a prosecutor may file charges against a person in some states without submitting the evidence to a grand jury.
The right to a unanimous jury verdict in state criminal trials is another principle that has not been fully implemented. In federal proceedings, the Sixth Amendment provides this right, however some states permit convictions based on a jury verdict that was not unanimous. As a result, even if some jurors believe the defendant is innocent, they may still be found guilty.
Another right that has not been completely included is the right to a public trial. In federal cases, the Sixth Amendment ensures this privilege; yet, certain states permit closed or partially closed trials. This can hide what is going on in the courtroom from the general public and result in injustices. The right to a prompt trial has also not been completely implemented. In federal cases, the Sixth Amendment ensures this privilege, but some states do not have fixed deadlines for starting a trial. This may lead to people being detained without charge for a long period of time.
As a result, incorporation is a continuous process, and some rights are remain partially unincorporated. To guarantee that everyone receives an equal level of legal protection, it is conceivable that these rights will eventually be included as the Supreme Court continues to hear cases and issue rulings.