(1964—Justice Harlan’s Dissent—“jot-for-jot” & “case-for-case”)
Cannot mirror Fed due process standards. There are relevant differences btw the Fed and state governments. Imposing jot-for-jot compels State uniformity to Fed standards that is inconsistent with a federalist system.
(Brennan’s response and the majority opinion):
No “watered-down” subjective version of Fed standards. Once the right is incorporated into the 14th Amend, the States are held to the same standards.