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Civil Liberties Two

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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