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

2. 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.

3. 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.

4. 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

5. 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

6. 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

7. States with and without the death penalty

8. 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