How do the fifth, sixth and eighth amendments protect rights within the judicial system? LESSON 32

LESSON OBJECTIVES Explain the 5th and 6th Amendment guarantees regarding indictments, double jeopardy and due process of law Identify the rights protected by the 6th Amendment, particularly the right to counsel. Describe the 8th Amendment provisions about bail and punishment. Evaluate, take and defend positions on the death penalty.

Why is procedural justice important? It established clear procedures to be followed in a court of law. Protect people who are accused of crimes from being convicted with evidence that was collected illegally. Ensures that police, lawyers, court officials and judges follow clear procedures. Reminder of the Rule of Law.

Government prosecutors have to decide what crime to judge them with Formal statement of charges Allows for the defendant to prepare a defense. Indictment A sum of money that a court requires a defendant to deposit with the court to make certain they will appear for court. May forfeit bail if they do not appear Bail Have a lawyer present during questioning Have a lawyer defend their case Counsel Group of jurors that hear the evidence and decide if there is enough to go to trial Issues a “True Bill” which means the case will proceed to trial. Grand Jury

How are the rights of criminal defendants protected during trial? Public and Speedy trial Diminishes any concerns about evidence disappearing Prevents courts from being used as instruments of persecution Right to Counsel Compulsory process and confrontation Right to face accuser's Witnesses are subject to questioning or cross examination Trial by a jury of impartial peers in the state or district where the crime was committed Jury does not have to be 12 jurors Qualifications Used to be men only Women can now be on a jury No double jeopardy N oexcessive Fines No cruel and usual punishment

Capital Punishment is it Constitutional? Supreme Court has ruled that it is Constitutional as a form of punishment. Early 20th century juries could choose between capital punishment and other punishments. 1972 (Furman v. Georgia) Supreme Court held that states and Congress had to enact new laws containing standards to avoid arbitrary application. 1977 (Coker v. Georgia) Cannot be used as a punishment for rape. Disproportionate to crime. 2005 (Roper v. Simmons) Unconstitutional to sentence anyone under the age of 18 to death. States are not required to use the death penalty

States with and without the death penalty

Idaho Information State Abbreviation ID State Name Idaho Death Penalty? Yes Number of Executions Since 1976 3 Number of Executions before 1976 26 Current Death Row Population 11 Women on Death Row 1 Date Death Penalty Re-enacted 06/30/1973 1st Execution After Re-enactment 1994 Murder Rate (per 100,000) 2 Is Life Without Parole an Option? Can a defendant get death for a felony in which s/he was not responsible for the murder? Number of Innocent Persons Freed From Death Row Number of Clemencies Granted Region West Method Lethal injection How is the Sentence Determined? Jury Location of Death Row(s) Boise (Women: Pocatello) Clemency Process Governor has clemency power only if State Board so recommends