Exam 2: 6th & 8th Amendment Flashcards
The 6th amendment establishes
- the right to a speedy and public trail
- Right to an impartial Jury
- Right to an attorney
The Speedy Trial Act applies to
Federal Courts
What is the Speedy Trail Act?
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
How long does the grand jury have to file an indictment once the person is arrested, in federal court?
30 Days
The Speedy Trail Act was created to
be in compliance with the Bill of rights
The State Courts Speedy
IS UP TO THE STATES
When must a trail begin in Texas?
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
Why was the Barker test established?
established to determine whether an individuals rights were violated once the time frame “of a speedy trail” has passed.
What was the 4 factors considered to determine whether a “slow” trail has violated an individuals right? (Baker test)
- the length of the delay
- the reason for the delay
- the defendants assertion of his/ her rights
- Discrimination to the defendant
What is an impartial jury?
when jurors are UNBIASED in their decision of guilty or not guilty
Previous impartial juries were
all white men
How has social media impacted impartial juries?
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
What was established in Gideon v. Wainright?
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
What is an issue from the 6th amendment, clause 3 that states that those we cannot afford an attorney will be given one?
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
What is Bail?
when you pay a certain amount of money to get out of jail, until your trail
What are the statutory limitations for bail, based on a crime?
laws are set to determine how much a bail can be for a certain crime
What are the 4 major cases that deal with the death penalty?
- Furman v. Georgia
- Gregg v. Georgia
- Baze v. Rees
- Ramirez v. Collier
What was the ruling of furman v. georgia?
ruled that the death penalty DID violate the 8th Amendment’s cruel and unusual punishment.
Could NOT enforce the death penalty
What was the ruling for Gregg v. Georgia?
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
In the wake of Gregg v. Georgia, what requirements were placed on 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
What was the ruling of Baze v. Rees
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
What is the background of Ramirez v. Collier?
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.
what was the question asked during Ramirez v. Collier?
Whether the denial of a priest violated the 1st & 8th amendment?
What was the ruling of Ramirez v. Collier?
The supreme court ruled that there was a violation of the 1st and 8th amendment.
