Exam 2: 6th & 8th Amendment

Question 1

The 6th amendment establishes

Answer 1

1. the right to a speedy and public trail
2. Right to an impartial Jury
3. Right to an attorney

Question 2

The Speedy Trial Act applies to

Answer 2

Federal Courts

Question 3

What is the Speedy Trail Act?

Answer 3

states that the Indictment (states that their is enough evidence to go to trial) MUST BE FILED WITHIN 30 Days from the date of arrest.

The trail must commence within 70 days from the indictment

Question 4

How long does the grand jury have to file an indictment once the person is arrested, in federal court?

Answer 4

30 Days

Question 5

The Speedy Trail Act was created to

Answer 5

be in compliance with the Bill of rights

Question 6

The State Courts Speedy

Answer 6

IS UP TO THE STATES

Question 7

When must a trail begin in Texas?

Answer 7

within 8 months from the time of the arrested

person is arrested –> the court has 8 months to being a trail, for it to be in compliance with the BOR, 6th amendment, right to a speedy and public trail

Question 8

Why was the Barker test established?

Answer 8

established to determine whether an individuals rights were violated once the time frame “of a speedy trail” has passed.

Question 9

What was the 4 factors considered to determine whether a “slow” trail has violated an individuals right? (Baker test)

Answer 9

1. the length of the delay
2. the reason for the delay
3. the defendants assertion of his/ her rights
4. Discrimination to the defendant

Question 10

What is an impartial jury?

Answer 10

when jurors are UNBIASED in their decision of guilty or not guilty

Question 11

Previous impartial juries were

Answer 11

all white men

Question 12

How has social media impacted impartial juries?

Answer 12

when it comes to big cases, people already have a lot of knowledge of the case before the trail even starts.

Ex: the trial of George Floyd

Question 13

What was established in Gideon v. Wainright?

Answer 13

required state and federal courts to offer an attorney for those who cannot afford one

Required a right to legal counsel to anyone accused on a crime

Question 14

What is an issue from the 6th amendment, clause 3 that states that those we cannot afford an attorney will be given one?

Answer 14

The attorney may not represent the person who needed a free lawyer fairly

the attorney will not treat his/her client fairly compared to their paying clients

Question 15

What is Bail?

Answer 15

when you pay a certain amount of money to get out of jail, until your trail

Question 16

What are the statutory limitations for bail, based on a crime?

Answer 16

laws are set to determine how much a bail can be for a certain crime

Question 17

What are the 4 major cases that deal with the death penalty?

Answer 17

1. Furman v. Georgia
2. Gregg v. Georgia
3. Baze v. Rees
4. Ramirez v. Collier

Question 18

What was the ruling of furman v. georgia?

Answer 18

ruled that the death penalty DID violate the 8th Amendment’s cruel and unusual punishment.

Could NOT enforce the death penalty

Question 19

What was the ruling for Gregg v. Georgia?

Answer 19

Ruled that the death penalty DID NOT violate the 8th Amendment as long as the state death penalty laws
(1) required serious consideration of the crime’s severity (for serious crimes only)

(2) has a separate sentencing date from the trail

Question 20

In the wake of Gregg v. Georgia, what requirements were placed on state death penalty laws?

Answer 20

(1) required serious consideration of the crime’s severity (for serious crimes only)

(2) has a separate sentencing date from the trail

Question 21

What was the ruling of Baze v. Rees

Answer 21

ruled that Death by lethal injection DID NOT VIOLATE the 8th amendment AS LONG AS the drugs were administered in a “humane” nature.

it does not have to hurt the individual

lethal injection is legal

Question 22

What is the background of Ramirez v. Collier?

Answer 22

o Mr. Ramirez was on death row in Texas, and he asked if his priest could come lay hands on him and pray while he was being executed. The prison/ state said no.

Question 23

what was the question asked during Ramirez v. Collier?

Answer 23

Whether the denial of a priest violated the 1st & 8th amendment?

Question 24

What was the ruling of Ramirez v. Collier?

Answer 24

The supreme court ruled that there was a violation of the 1st and 8th amendment.