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Civil Liberties Two
| Question | Answer |
|---|---|
| 1a. What is true of 90% of all criminal cases? | They begin and end with a guilty plea. |
| 1b. Define plea bargaining | A bargain struck between the defendant's lawyer and the prosecutor. The defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime. |
| 2a. What does the 8th Amendment forbid? | Cruel and unusual punishment. |
| 2b. What else does the 8th Amendment forbid? - p. 108 | Excessive bail or fines. |
| 3a. What was upheld in Gregg v. Georgia? | The death penalty |
| 3b. Therefore the SC decided what about the constitutionality of the above? | Capital punishment is "an expression of society's outrage at particularly offensive conduct... It is an extreme sanction, suitable to the most extreme of crimes" |
| 4a. The SC has banned the death penalty for which 3 populations? | mentally ill, mentally retarded persons, and those under the age of 18 when they committed their crimes |
| 4b. What did the SC conclude about the use of the death penalty in Kennedy v. Louisiana? | Went beyond the question in the case to rule out the death penalty for any individual crime - as opposed to offenses against the state - where the victim's life was not taken. |
| 5. What could the writers of the Constitution never have imagined? | That Americans would go to court to argue about wiretapping, surrogate motherhood, abortion, or pornography. |
| 6a. Where specifically in the Constitution is the right to privacy found? | Nowhere in the Bill of Rights |
| 6b. Describe the case of Griswold v. Connecticut. | Connecticut forbid the use of contraceptives, and a doctor and a family planning specialist were arrested for disseminating birth control devices. |
| 6c. What was concluded in this case (Griswold v. Connecticut)? What right did it establish? | 7/9 justices decided that the explicitly stated rights in the Constitution implied a right to privacy, including a right to family planning between husband and wife. |
| 6d. What did critics of the Griswold's decision argue? | They claimed that the SC was inventing protections not specified by the Constitution. |
| 6e. What has been the most important and controversial application of this right? | abortion in 1973 |
Created by:
Matti
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