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1. What does the Writ of Habeas Corpus require the government to do?

1. What does the Writ of Habeas Corpus require the government to do?. They must bring a prisoner before a judge and show good reason why that person should not be released. Why is this important?. This prevents unjust arrest and imprisonment. 2a. What is a Bill of Attainder?.

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1. What does the Writ of Habeas Corpus require the government to do?

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  1. 1. What does the Writ of Habeas Corpus require the government to do? They must bring a prisoner before a judge and show good reason why that person should not be released. Why is this important? This prevents unjust arrest and imprisonment. 2a. What is a Bill of Attainder? Bill of Attainder- a law that inflicts punishment without a court trial. b. Why would a bill of attainder be unconstitutional? It would violate separation of powers. The police would be both enforcing the law and applying the law.

  2. 3a. What is an ex post facto law? “After the fact.” A law that would punish someone for something before it was illegal. b. Tomorrow they pass a law that you can’t wear hats to school, and they punish students who wore them yesterday.

  3. 5th Amendment • Indictment by Grand Jury • No “double jeopardy” • No self incrimination • Due process of law- prohibits unfair and arbitrary actions by the gov’t. 6th Amendment • Speedy Trial • Public Trial • Impartial Jury • Informed of charges • Confront hostile witnesses; present favorable witnesses. • Right to Counsel at every stage of the criminal process.

  4. 5. It is better that 10 guilty people go free than one innocent person be punished. It is better to allow 10 guilty persons to go free than it is to punish one innocent person because the injustice of one person, losing freedom at the hands of the government, is far greater than the injustice of guilty people not being punished. As a result, we build in safeguards that try to prevent innocent people being convicted of crimes. The trade-off is that criminals may end up with rights that enable them to get away with their crimes.

  5. 6. If the guarantee against self incrimination were removed from the Bill of rights, what affect might it have on the criminal justice system? Would justice be more or less likely to be carried out? Suspects would be forced to tell the truth to investigators. Those who are guilty would be more likely to be brought to justice. That would be good. However, some innocent people may be forced to say things that lead to their convictions, which may not have occurred otherwise.

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