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Lesson 34
 

Lesson 34

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    Lesson 34 Lesson 34 Presentation Transcript

    • By: Caitlin, Evan, Hillary, Brianna, and Nate
    • Procedural rights in Six Amendment
      • Speedy Trial- federal government cannot hold u in jail for a long period of time
      • Public Trial- Your trial must be open to the public
      • Impartial Jury- Government must try you before a jury
      • Location 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 witnesses
      • Favorable Witnesses- Cannot prevent you from Presenting Witnesses
      • Assistance of counsel- cannot prevent you from having a lawyer
    • Right to Counsel
      • The American Criminal Justice system is an adversary system
      • There 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
    • 5 th Amendment
      • Once 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 8 th Amendment
      • The 8 th protects people accuses to crimes and awaiting trial, and people found guilty crimes.
      • Incorporated by the 14 th amendment
      • Limitations 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 8 th Amendment
      • The 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 Punishment
      • Capital 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 government
      • They 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 Laws
      • These 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. Georgia
      • In 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 jury
      • Bail- 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 terms
      • Guided discretion- juries or judges to decide whether to impose life or death sentences at a hearing
      • Unguided discretion- policy of allowing juries
      • Indicted- anyone who is tried for a crime must be indicted
      • Right to counsel- has an adversary system with two sides that present their positions
      • Cruel and unusual punishment- law should treat even the most horrible criminals with dignity