ADVANCED AMERICAN GOVERNMENT

BAIL AND PREVENTATIVE DETENTION  BAIL  Sum of money the accused may be required to post as a guarantee that he or she will appear in court at the proper time  Use of bail is justified because:  1) a person should not be jailed until his or her guilt is established  2) a defendant is better able to prepare for trial outside of jail

 Constitution does not automatically guarantee bail for the accused  Stack v. Boyle (1951)—”bail set at a figure higher than the amount reasonably calculated” … is “excessive” under the VIIIth Amendment  PREVENTATIVE DETENTION  A federal judge can hold a defendant without bail when there is good reason to believe that he/she will commit another serious crime before trial

CRUEL AND UNUSUAL PUNISHMENT  VIIIth Amendment forbids “cruel and unusual punishment” at the federal level  XIVth Amendment provides this protection to the states (Robinson v. California, 1962)  Wilkerson v. Utah (1879)  A territorial court sentenced a man to death by firing squad for murder.  USSC upheld the sentence  Constitution prohibits punishments such as burning at the stake, crucifixion, drawing and quartering, etc.

 Most cases apply to capital punishment  Louisiana v. Resweber (1947)  USSC ruled it was not unconstitutional to subject a convicted murderer to a second electrocution after the chair failed to work correctly the first time.

CAPITAL PUNISHMENT  Is capital punishment cruel and usual?  Furman v. Georgia (1972)  Struck down all standing laws involving death penalty  Laws gave too much discretion to judges and juries when applying the death sentence  Congress and 38 states passed new laws for the death penalty  Most sentences involved killing a police officer or murder with committing another felony (rape, etc.)

 USSC ruled against mandatory death penalty laws  Death penalty can only be used in crimes involving death of the victim  Mentally challenged people or those under 18 cannot be sentenced to death  Jury that convicted the defendant must decide the death penalty question

TREASON  Treason against the United States is the only crime defined in the Constitution.  1) “levying war against the Unites States”  2) “adhering to their Enemies, giving them aid and comfort”  Article III, Section 3  No person can be convicted of the crime “ unless on the Testimony of two Witnesses to the same overt act, or on Confession in open Court.”

DDeath is the penalty but no one has ever been convicted of the crime EEspionage or sabotage, to attempt to overthrow the government by force, or to conspire to do any of these things. MMost state constitutions provide penalties for treason TTHE END