J (H) unit 4 Trials and Punishments 6th, 8th amendments Gideon and Furman, cruel and unusual punishment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have [the opportunity] for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Which clause from the Sixth Amendment guarantees that an accused person will be able to hear the charges against him or her? "the right to a speedy and public trial" "confronted with the witnesses against him" "informed of the nature and cause of the accusation" "have the assistance of counsel"

"informed of the nature and cause of the accusation"

hink about what you learned about the Supreme Court trial of Clarence Gideon. Using the drop-down menus, put the events of the case in order. The Supreme Court heard Gideon's case and decided in his favor. Gideon appealed the state decision to the Supreme Court. States became required to provide counsel to all defendants. Gideon was accused of a crime and brought to trial. Gideon was denied counsel at the state court.

4 The Supreme Court heard Gideon's case and decided in his favor. 3 Gideon appealed the state decision to the Supreme Court. 5 States became required to provide counsel to all defendants. 1 Gideon was accused of a crime and brought to trial. 2 Gideon was denied counsel at the state court.

6th Right to Counsel

All people have the right to be represented by counsel. An attorney is assigned to the case if the accused person cannot afford one. The accused is allowed the option to represent himself or herself

6th Informed and Confronted

An accused person has the right: to hear exactly what he or she is being accused of to see the evidence being used against him or her to force a witness to appear in court

Gideon v Wainwright Facts 1963

Clarence gideon was denied counsel during his burglary trial Was forced to represent himself

William Furman appealed his case, arguing that his ____________Amendment rights had been __________________ violated. The Supreme Court ruled that he had been . Because of Furman v. Georgia, some states had to develop clear standards for cases involving _______________

Eighth subjected to cruel punishment the death penalty

Even the intelligent and educated layman . . . requires the guiding hand of counsel at every step in the proceedings against him. Without it . . . he faces the danger of conviction because he does not know how to establish his innocence. Which statements match Justice Black's argument? Check all that apply. Citizens are able to represent themselves easily. Even experienced citizens need legal support. The legal process is complicated. It is not difficult to establish innocence. Citizens are more likely to be convicted without counsel.

Even experienced citizens need legal support. The legal process is complicated. Citizens are more likely to be convicted without counsel.

Finding the Main idea: Court Opinion

Even the intelligent and educated layman...requires that guiding hand of counsel at every step in the proceedings against him. Without it ...he faces the danger of conviction because he does not know how to establish his innocence. Justice Hugo Black Opinion of the Court Gideon v. Wainwright.

8th

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Gideon lost his case

He Appealed by arguing he deserved cousel based on amendment right 6th

6th all citizens are guaranteed a speedy and public trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed Constitution of the United States Amendment VI

6th

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Eight Amendment

Limits to punishment

Which provisions are part of the Eighth Amendment? Check all that apply. Reasonable bail must be set. A speedy trial is required. Counsel is required. Cruel and unusual punishment is forbidden. Witnesses can be forced to appear.

Reasonable bail must be set. Cruel and unusual punishment is forbidden.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Which statement best summarizes the purpose of the Sixth Amendment? There is a major difference between criminal prosecutions and civil cases. The most important right of the accused is a trial by jury. The accused have a right to a clearly defined legal process. As long as a defendant has legal counsel, his or her rights are protected.

The accused have a right to a clearly defined legal process.

8th Bail and fines must fit the crime

The accused may be allowed to pay bail and be released from custody while awaiting trial. Fines can be charged when a person breaks the law.

8th Cruel and Unusual Punishment

The constitution prohibs cruel and unusual punishment punishment must fit the crime ...nor cruel and unusual punishment inflicted. Constitution of the United States Amendment VIII

Gideon did not receive cousel attorney did not have the opportunity to represent himself

The courts ruled that Gideon's Sixth amendment rights had been violated

Decision He appealed his case and the Supreme Court

The punishment may have been based in discrimination. (African american) Georgia had unclear standars for when capital punishment should be applied

A boy, age twelve, had friends who convinced him to carry a gun to a robbery. No one was injured in the robbery, and the boy never used the weapon. However, the boy was caught and charged with a crime. At trial, a judge sentences the boy to life in prison. How can the boy's counsel use the Eighth Amendment to support his case? Give your response in at least two complete sentences.

The punishment must fit the crime and can't be excessive. You can't give life in prison for a crime that is not that severe. The Eighth Amendment states no cruel and unusual punishment shall be imposed. Or excessive bail, fines too. Sample response: The boy's counsel could argue that the sentence is cruel and unusual punishment. This is prohibited by the Eighth Amendment. The boy does not have the judgment of an adult and cannot be punished as an adult. In fact, even if the boy were an adult, life in prison could be a cruel or unusual sentence.

A woman is accused of a crime. She says that she was nowhere near the scene of the crime. Her friends who were with her are afraid that they will be accused as well, so they refuse to appear in court as witnesses. How can the woman's counsel use the Sixth Amendment's witness clause to support her case? Give your response in at least two complete sentences. .

The woman has the right to call witness to come to the trial it is in the sixth Amendment. She can require them to come to testify on her behalf by law. She can hire a lawyer to defend her if she can't afford one, one will be provided for her. Or she can represent herself.. She has the right to a fair trial in sixth amendment too. She has the right to know what the evidence is against her. Sample response: The Sixth Amendment says that the accused has the right to force the witnesses to come to trial. If they do not come, they will be arrested. Which choice best describes how your answer compares to the model? Check any that apply. My answer matched the sample closely. I said some of the same things that the sample response did. My answer was very different from the sample response

Furman v Georgia 1972 The Facts

William Furman was sentenced to death for a murder accidentally shot and killed a homeowner during a robbery

6th an accused person may only have a TEMPORARY stay in jail before seeing a judge. A jury hears evidence and offers a verdict The accused faces trial in the state and area where the crime took place

a speedy and public trial

Eight amendment der

excess bail shall not be required nor excess fines imposed nor curel and unusual punishment imposed

Impact Gidoen v wainwright

guarantee of cousel is essential to a FAIR TRIAL states must provide a lawyer for defendants in criminal cases

Furman argued

his sentence was cruel and unusual sentenced to death

I simply conclude that the Eighth . . . Amendment . . . cannot tolerate [giving out] a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed. According to Justice Smith, the death penalty is a fair penalty that is used justly. is a sentence that can be applied without standards. is not clearly and consistently imposed. is protected by the Eighth Amendment.

is not clearly and consistently imposed.

8th But Excess bail

jail for stealing a 1,000 can't be a million dollars or jay walking you can't impose a million dollar bail

I can't be sentence to death for

jaywalking or wlaking my dog.

temporary

lasting for a limited time

cousel

legal advice by a lawyer

eigth amendment

limits to punihsment

bail

money given for the temporary release of a person in custody

sixth amendment

right to fair trial

Furman V Georgia The impact

states were required to create clear standards to be applied fairly before capital punishment could occur Standards definition of crimes Standard punishments

discrimination

unequal or unfair treatment