Complete your 2nd Amendment Ad and Prepare to Present! Remember that it needs to have a visual and verbal component. It needs to address the Constitution and your viewpoint. It needs to have some supporting facts. Teams need to present the work loudly and explicitly. Audience’s Task: On your warm up sheet, write the viewpoint of each ad, a supporting detail, and whether you think it is a persuasive argument.

Warm Up 1. Is the death penalty cruel and unusual punishment? Explain 2. Is the 3 strikes law too harsh? (commit 3 violent crimes or felonies and in prison for life without parole) Explain 3. Should juveniles be tried as adults? (as young as 11 years old) Explain

Fifth, sixth & Eighth amendments

5th Amendment: Protects against Self Incrimination (READ 5th Amendment at your desk) Except during times of war or if you are in the military: You can’t be tried for any serious crime without a Grand Jury meeting first to decide whether there’s enough evidence against you for a trial; If at the end of a trial, the jury decides you are innocent, the government can’t try you again for the same crime with another jury; (DOUBLE JEOPARDY) You  cannot be forced to admit you are guilty of a crime and if you choose not to, you don’t have to say anything at your trial at all; (SELF INCRIMINATION—”I plead the fifth!”)

Fifth Amendment, Continued You can’t be killed, or put in jail, or fined, unless you were convicted of a crime by a jury and all of the proper legal steps during your arrest and trial were followed; (DUE PROCESS) and The government can’t take your house or your farm or anything that is yours, unless the government pays for it at a fair price. (EMINENT DOMAIN)

Writ of Habeas Corpus (Article 1, Section 9; 5th Amendment) Literally, “you have the body” Prevents unjust arrests and imprisonment Prisoner brought before court Officer shows cause and explains the reason(s) why a prisoner shouldn’t be released.

Other 5th Amendment Concepts Immunity- you testify against someone and you cannot be prosecuted for anything related to your testimony Perjury-willingly telling an untruth in a court after having taken an oath

Miranda Rights “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” Miranda case: confessions are presumed to be involuntary unless the suspect is fully informed of his or her rights Miranda rights apply once a suspect is in custody.

Sixth Amendment: Accused has a Right to Counsel Speedy & public trial Jury trial of peers State or district crime committed Informed of the charges against you Confront witnesses against you Obtain witnesses in your favor Right to counsel (lawyer) Gideon v. Wainright (1963) says that the state must provide an attorney in felony cases if the accused cannot afford one.

8th Amendment: Excessive Bail and Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Sentences should fit the crime. Three Strikes Law- cruel and unusual punishment?

Death Penalty Furman v. Georgia (1972): the death penalty was applied in a freakish, impulsive and random fashion and was, in this particular case, unconstitutional. States rewrote their death penalty statutes to include aggravating and mitigating factors Gregg v. Georgia (1976): the death penalty is an expression of society’s outrage. Capital punishment issued for Murder not Sexual Assault (even for 8 year olds—Kennedy v. Louisiana).

Summary Write out questions and answers or write complete sentences with the question included. Explain the 5th Amendment, give specific details. Discuss Miranda Rights. Explain the 6th Amendment, give specific details. What is the 8th Amendment, give specific details.

It’s Immoral! Says who? Why? Dr. Assisted Suicide/Death With Dignity Drugs It is up to the physician to determine the prescription. To date, most patients have received a prescription for an oral dosage of a barbiturate (pentobarbital orsecobarbital), and beginning in 2015, a phenobarbital/chloral hydrate/morphine sulfate/ethanol mix has also been used.