April 17, 2017

1. April 17, 2017 • CNN Student News • Review Questions • Rights of the accused • Murder Cases • Vocab. quiz April 19

2. 1. A ___________ is when the Court will direct a lower court to send up a case for its review and is typically granted to cases that raise an important _________________ question.2. The _____________ is when at least four of the nine justices must agree that a case should be put on the Court’s docket.3. A Supreme Court Justice serves for ______.4. The _____________ exercises both original and appellate jurisdiction. 5. The Federal ___________courts have jurisdiction over most cases heard at the Federal level.

3. Due Process of the Law • The Constitution contains two due process clauses: • The 5th Amendment declares that the Federal Government cannot deprive any person of “life, liberty, or property, without due process of the law.” • The 14th Amendment places the same restriction on the states and local governments.

4. What is the difference between substantive due process and procedural due process? • Substantive due process involves the what of governmental action. (the substance, policies) • Procedural due process involves the how of governmental action. (the procedures, methods)

5. 5th Amendment • No person shall be held to answer for a capital crime without the indictment of a Grand jury. • The Grand Jury will decide if there is enough evidence for a trial. If so they will return a “true bill of indictment.” • It is not a trial. Only the prosecution is present.

6. No self-incrimination • No double jeopardy • In a trial in which a jury can’t agree on a verdict, there is no jeopardy.

8. The 14th Amendment places the same restriction on the states and local governments. (the Bill of Rights applies against the National government only) • The Supreme Court has engaged in the process of incorporation, most of the guarantees in the Bill of Rights are included in the 14th Amendment’s Due Process Clause.

9. The Constitution’s guarantee of due process means that in whatever it does, government must act fairly and in accord with established rules. It may not act unfairly, arbitrarily, or unreasonable. • Government also has to use fair procedures.

10. The Exclusionary Rule • Evidence gathered as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized.

11. Explain in your own words the idea of due process.

13. 9th Amendment • Declares that there are rights beyond those set out in the Constitution. • Examples: The right of an accused person to not be tried on evidence that is unlawfully gained. • The right of a woman to have an abortion without undue interference by government.

14. Is capital punishment cruel and unusual?

15. Punishment • The 8th Amendment addresses the issue of punishment for crimes. It bans excessive bail and cruel and unusual punishment.

16. Bail • A sum of money the accused will deposit with the court to ensure that he/she will appear in court at the proper time. • It allows the person to better prepare for trial outside of jail and the person should not be jailed until his/her guilt is established.

17. The general rule it that the bail must bear a reasonable relationship to the seriousness of the crime. • There is not a guarantee that a person will automatically be entitled to bail.

18. It does guarantee that it will not be excessive. • People with little or no income may be released “on their own recognizance,” that is on their honor.

19. Capital Punishment • Gregg v. Georgia, 1976– the Court ruled that the death penalty does not violate the Constitution. • The death penalty, if fairly applied is Constitutional.

20. Furman v. Georgia, 1972– the Court ruled that the existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries.

21. What is the Supreme Court’s view of capital punishment?

22. Treason • Treason against the United States is the only crime that is defined in the Constitution. • Article III, Section 3– Treason can only consist of two things: 1. levying war against the US 2. giving aid and comfort to the enemy

23. No person can be convicted of Treason unless on the testimony of two witnesses or a confession. • A person can only commit treason in a time of war. • During peace a person can be found guilty of committing espionage or sabotage.

24. Most State constitutions also list treason as a crime. • John Brown was hanged as a traitor to Virginia after his raid on Harpers Ferry in 1859.

25. Degrees of Murder • Working in groups read the cases and determine the conditions that must be met for each type of murder conviction.

26. OBJECTIVES: • Explain the meaning of the due process of law as set out in the 5th and 14th amendments. • Define the rights of the accused. • Describe punishment and the Court’s interpretation of cruel and unusual punishment.

27. April 21, 2017 • CNN Student News • Prison State Video • Journal Article • Judiciary Quiz Tuesday, April 25 Students will be able to describe punishment and the Court’s interpretation of cruel and unusual punishment

28. Misdemeanor- is a criminal offense that is less serious than a felony and more serious than an infraction. Theyare generally punishable by a fine and incarceration in a local county jail, unlike infractions which impose no jail time. • Felony- a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.