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S E C T I O N 4 Punishment

S E C T I O N 4 Punishment. What is the purpose of bail and preventive detention? What is the Court ’ s interpretation of cruel and unusual punishment? What is the history of the Court ’ s decisions of capital punishment? What is treason?. Chapter 20, Section 4. Bail.

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S E C T I O N 4 Punishment

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  1. S E C T I O N 4Punishment • What is the purpose of bail and preventive detention? • What is the Court’s interpretation of cruel and unusual punishment? • What is the history of the Court’s decisions of capital punishment? • What is treason? Chapter 20, Section 4

  2. Bail Bail is a sum of money that the accused may be ________________________ with the court as a guarantee that he or she will appear in court. Chapter 20, Section 4

  3. The Constitution does not guarantee that all accused persons are entitled to bail, just that the amount of the bail ________________.

  4. Preventive Detention • ____________is a law that allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released. • Critics think preventive detention amounts to presuming the accused guilty. The Court upheld the law in __________________________.

  5. Cruel and Unusual Punishment • The 8th Amendment also forbids ____________-The Supreme Court extended the provision to the States in Robinson v. California, 1962. Chapter 20, Section 4

  6. The 8th Amendment is intended to prevent, in the Court’s opinion, __________such as _________and other excessively cruel punishments. The Supreme Court held that defining narcotics addiction as a crime, rather than an illness, was cruel and unusual in ___________. In Estelle v. Gamble, 1976, it ruled that a prison inmate could not be denied medical care. However, generally the Court has not found many punishments to be cruel and unusual.

  7. Capital punishment, or the death penalty, is hotly debated under the 8th Amendment. • __________voided capital punishment laws in the early 1970s because it felt that the punishment was applied “capriciously” to only a few convicts, often African American or poor or both. • Furman vs Georgia • http://www.youtube.com/watch?v=lrJBatK23iI&feature=related . Chapter 20, Section 4

  8. Capital Punishment • However, in 1976, the Court held for the first time that a new law which instituted the death penalty was NOT unconstitutional.

  9. The new law provided for a two-stage trial process. • ________trial would determine guilt or innocence • ________: a hearing would decide whether the death penalty was warranted. • The Court later restricted the use of the death penalty to cases where the victim died. • Fatal Flaws in _____________ • http://www.youtube.com/watch?v=zqKNWtGUBCc

  10. Treason is the only crime defined in the Constitution. Treason is: 1. Levying war against the United States or 2. ______________________________________________ Chapter 20, Section 4

  11. A person can only commit treason in times of war, and it is punishable by the ______________. Other related acts, such as sabotage or espionage, can be committed in peacetime.

  12. _________, who was hanged as a traitor to Virginia because of his raid on Harper’s Ferry, is the only person ever to be ______________________against a State. • http://www.youtube.com/watch?v=bB_kbFAui-U

  13. Section 4 Review 1. Bail is • (a) a fine you have to pay if you are arrested. • (b) a tax to support jails. • (c) a deposit you put down to guarantee appearance in court. • (d) a contract between the State and a prisoner. 2. Treason is • (a) the only crime defined in the Constitution.. • (b) punishable by death. • (c) committed only in wartime. • (d) all of the above. Want to connect to the Magruder’s link for this section? Click Here! 1 2 3 Chapter 20, Section 4

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