Lesson 34

By: Caitlin, Evan, Hillary, Brianna, and Nate

Procedural rights in Six AmendmentSpeedy Trial- federal government cannot hold

u in jail for a long period of timePublic Trial- Your trial must be open to the

publicImpartial Jury- Government must try you

before a juryLocation of the trial- Govt must try you in the

state, district or community where the crime was committed

More Procedural Rights Info on charges- Govt cannot arrest you and

hold you for trial without telling you why Confronting Witnesses- Right to confront and

cross exam all witnessesFavorable Witnesses- Cannot prevent you

from Presenting WitnessesAssistance of counsel- cannot prevent you

from having a lawyer

Right to CounselThe American Criminal Justice system is an

adversary systemThere are two sides presents their positions

before an impartial third party- a jury, a judge, or both

Prosecuting attorney presents the governments side

Defense attorney presents arguments for the accused person

5th AmendmentOnce a person has been arrested for a crime,

the next step is usually to charge the person formally in judicial proceeding

Anyone who is to be tried for a crime must be indicted by a grand jury

A similar purpose lies behind the double jeopardy- the government cannot wear someone out with repeated charges and trials

Limitations on 8th AmendmentThe 8th protects people accuses to crimes and

awaiting trial, and people found guilty crimes.Incorporated by the 14th amendmentLimitations on the Judiciary- judges usually

have the power to decide should be held in jail or set free on bail

Limitations of the legislature- they cannot pass laws that impose excessive fines or inflict cruel and unusual punishment.

Purposes of 8th AmendmentThe right to be free on bail pending trial-

government has to make sure the suspects appear in court to be tried which can be accomplished by keeping the suspects in jail white awaiting trial or having them place bail.

Unfair treatment of the poor- the poor people often cannot afford bail

Punishment of innocent poor- poor people who are innocent and cannot afford bail are kept in jail and then released after there trial.

Purposes continued The right to be free from excessive fines-

requires courts to levy fines that are reasonable in relation to whatever crime has been committed

The right to be free from cruel and unusual punishment- law should treat even the most horrible criminal with dignity.

History of Capital PunishmentCapital punishment has been used in the

United States from colonial times to the present, and the supreme court has never held that it is prohibited by the 8th Amendment

By the early twentieth century, most states developed laws that allowed juries a choice between the death penalty and other forms of punishment

This policy of allowing juries unguided discretion was common until 1972

Opposition of Death Penalty Juries often acted randomly and capriciously in

deciding who should be executed and who should not

Studies showed that the race of the defendant and the victim appeared to be the most important factors in whether a jury inflicted the death penalty

Studies did not confirm the belief that capital punishment deterred crime

The cost of capital punishment is more expensive than sentencing a person to life in prison without parole

Relationship of procedural justice and republican The framers had personal experience with

arbitrary governmentThey understood that rights would not be

secure if the government had an unlimited ability to investigate people, accuse them of crimes, and hold them in jail

Republican or popular government were capable of acting just as arbitrarily as monarchies

Guided Discretion LawsThese laws called for juries and judges to

decide whether to impose life or death sentences at a hearing held for this purpose after the trial in which a person was found guilty

Furman v. GeorgiaIn 1972 a case five to four struck down a

statue giving juries unguided discretion in the imposition of the death penalty

The Furman decision did not result in the prohibition of the death penalty

The majority argued that while the death penalty was constitutional, state laws permitting unguided discretion was unconstitutional

Terms to know Acquitted- Found innocent by a juryBail- money or property in the hands of the

government to ensure that they will appear in court rather than forfeit it

Capital punishment- constitution accepts the legitimacy of the death penalty

Double jeopardy- government cannot wear someone out with repeated charges and trials

Felony- most serious crime

More termsGuided discretion- juries or judges to decide

whether to impose life or death sentences at a hearing

Unguided discretion- policy of allowing juriesIndicted- anyone who is tried for a crime must

be indictedRight to counsel- has an adversary system with

two sides that present their positionsCruel and unusual punishment- law should treat

even the most horrible criminals with dignity