Ap u.s. government & politics Monday, April 16, 2018

Detention and punishment HW Discussion

Rights of prisoners: habeas corpus & the 8th Amendment

Writs of Habeas Corpus Not located in the Bill of Rights; Rather right to apply to a court for this Writ is included in the powers denied to Congress by Article I, Section 9 of the original Constitution: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” What is the key limitation on the privilege? Ex Parte Vallandingham (1864) Confederate sympathizer sentenced to death; applies for Habeas Supreme Court denies jurisdiction Ex Parte Milligan (1868) Similar facts to Vallandingham This time the Supreme Court accepts jurisdiction, and grants Habeas Why did these cases come out differently?

Modern Habeas Cases Arise in the context of the Bush Administration’s detention of terrorism suspects in the U.S. and at Guantanamo Bay, Cuba Hamdi v. Rumsfeld (2004) U.S. citizens held as enemy combatants have the right to challenge their detention by applying to a court for a Writ of Habeas Corpus Boumediene v. Bush (2008) Foreign nationals held as enemy combatants at Guantanamo Bay have the right to apply to a U.S. court for a Writ of Habeas Corpus Why is the impact of these decisions actually quite limited?

The 8th Amendment Prohibitions: 1) Excessive Fines 2) Excessive Bail What is a fine? 2) Excessive Bail What is bail? What is its purpose? Why the prohibition on excessive bail? 3) Cruel and Unusual Punishment

Cruel and Unusual Punishment The final clause of the 8th Amendment What is “cruel and unusual?” Depends on what society believes it to be!!! Consider different societies/cultures Trop v. Dulles (1958): Clause must draw its meaning from “evolving standards of decency that mark the progress of a maturing society” Coker v. Georgia (1977) Punishment is excessive and unconstitutional if it: Makes no measureable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering Is grossly out of proportion to the severity of the crime

Is Capital Punishment Cruel and Unusual? Furman v. Georgia (1972) Landmark case in which Supreme Court called for a ban on the death penalty in Georgia Ruled its law as it stood was capricious and hence, cruel and unusual punishment The Court ruled that the states had to give judges and juries more guidance in capital sentencing to prevent arbitrary use of the death penalty It held that Georgia’s death penalty was invalid; Basically told the legislature to create better death penalty laws NOTE: All 9 Justices wrote separate opinions trying to define “cruel and unusual punishment”

Is Capital Punishment Cruel and Unusual? Gregg v. Georgia (1976) The Supreme Court reinstated the Georgia death penalty by sustaining its revised death penalty law The death penalty itself is not cruel and unusual punishment, but capital cases now require bifurcated trials

Who Can Be Executed? As a general rule the Supreme Court has upheld the death penalty for murder but not other crimes The punishment must be related to the crime It only makes sense that the death penalty is only applied to a case where a life has been taken The death penalty should only be applied in the most heinous crimes

Who Can Be Executed? Age Race Roper v. Simmons (2005) The 8th and 14th Amendments will not permit executing anyone under 18 years of age for committing a crime Race McClesky v. Kemp (1987) Defendant presented a study contending that capital punishment in Georgia was filled with racial discrimination Court rule that his study was valid, however, he had not proved the sentence was the result of racial discrimination

Who Can Be Executed? Mental Retardation The Mentally Ill Atkins v. Virginia (2002) The Supreme Court has prohibited executing the mentally retarded The Mentally Ill The Supreme Court banned execution of the insane Ford v. Wainwright (1986) An inmate that becomes mentally ill while in prison can not be executed

Death Penalty “Fishbowl” Debate Question: Should the Supreme Court declare the death penalty unconstitutional, as a violation of the “cruel and unusual punishment” clause of the 8th Amendment? Take 5 minutes to jot down your thoughts and sketch out at least one argument. Office Side: In the Fishbowl! Door Side: Evaluate the arguments that are made; what did you find most convincing and why? Who won the debate? Let’s debate!

Homework Textbook, p. 121-123 (Right to Bear Arms); 135-139 (Right to Privacy)