Download Picture - Senior Shepard Academy

Document related concepts

Fifth Amendment to the United States Constitution wikipedia , lookup

United States Bill of Rights wikipedia , lookup

Transcript
http://wtp-prep.wikispaces.com/
 What
Rights
Does the Bill of
Rights
Protect?

Lesson 27: What Are Bills of Rights and What Kinds of Rights Does
the U.S. Bill of Rights Protect?

Lesson 28: How Does the First Amendment Affect the Establishment
and Free Exercise of Religion?

Lesson 29: How Does the First Amendment Protect Free Expression?

Lesson 30: How Does the First Amendment Protect Freedom to
Assemble, Petition, and Associate?

Lesson 31: How Do the Fourth and Fifth Amendments Protect Against
Unreasonable Law Enforcement Procedures?

Lesson 32: How Do the Fifth. Sixth, and Eight Amendments Protect
Rights within the Judicial System?

In this unit you will learn why the rights contained in
the body of the Constitution, Bill of Rights, and
subsequent amendments are so important to
Americans, and why the interpretation and application
of these rights is often controversial.


This lesson provides a foundation for examining
rights contained in the Constitution, Bill of Rights,
and subsequent amendments.
It also examines four provisions that are
sometimes overlooked: the Second, Third, Ninth,
and 10th Amendment.





Explain what bills of rights are and how they have evolved.
Examine the Constitution and its amendments and identify
which of the rights they contain are
 Held by individuals, classes, or categories of individuals,
or institutions.
 Personal, economic, or political rights.
 Positive or negative rights.
Identify possible conflicts among these rights.
Describe various interpretations of the 2nd, 3rd, 9th, and 10th
Amendment.
Evaluate, take, and defend positions about the kinds of
rights protected by the Constitution and Bill of Rights
autonomy
Independence, freedom, or the right to self-governance.
economic rights
Those rights essential to citizens that allow them to earn a living, to acquire and
transfer property, and to produce, buy, and sell goods and services in free markets.
negative rights
Those rights that prohibit government from acting in certain ways; rights that are not
to be interfered with.
personal rights
Those rights of individuals in their private capacity, such as the rights to life and
liberty, as distinguished from the political rights of citizens, such as the rights to vote
and to hold public office.
political rights
All rights of a citizen in a free society that are clearly expressed and
guaranteed by the Constitution and implied by natural laws.
positive rights
Those rights that require overt government action, as opposed to
negative rights that require government not to act in specified ways.
Examples of positive rights are those to public education and, in some
cases, to medical care, old age pensions, food, or housing.
rights
Moral or legal claims justified in ways that are generally accepted within
a society or the international community.

A “Grand Theme of Human History”
◦ Struggle between rights of people and the power of gov’t
to interfere with or violate those rights

Magna Carta & English Bill of Rights
◦ Listed rights such as free speech in Parliament and right
to petition the government

American Bills of Rights
◦ Instead of ordinary legislation, states included bills of
rights directly into their
constitutions.
◦ Ex) Virginia Declaration of Rights

Individuals
◦ Reflects natural rights philosophy that humans are
autonomous and self-governing.
◦ Ex) freedom of thought, privacy, and movement

Classes or Categories of Individuals
◦ Most legal systems recognize groups such as children,
veterans, disables, professional
(ex. doctors)

Institutions
◦ Ex) schools, governmental institutions,
unions, universities, corporations

Personal Rights
◦ Provide for individual autonomy. Rights to life, liberty, and
property “God-given” or based on nature.
◦ Purpose of government is to protect those rights.

Economic Rights
◦ Rights include choosing a profession, acquiring and
disposing of property, enter contracts, create copyrights or
patents, and joining unions.

Political Rights
◦ Rights that address political
participation such as the right to
vote and engage in political activity.

Positive Rights
◦ Requires specific government action
◦ Ex) protection from criminal acts, access to public education
◦ In Bill of Rights
 6th Amendment right of speedy and public trial
 7th Amendment right to trial by jury

Negative Rights
◦ Restricts government action
◦ Ex) 1st Amendment restriction that
“Congress shall make no law” that violates
fundamental rights to freedom of speech,
religion, press, assembly, and petition

Contains specific guarantees
of various rights
◦ Includes positive, negative,
personal, economic, and political
rights that protect individuals,
classes, and institutions

Example
◦ 2nd – refrains gov’t from
infringing upon the “right of the
people to keep and bear arms”
◦ Controversy remains over
interpreting this phrase


9th and 10th Amendments do not provide specific
guarantees, creating ongoing debate
Theories regarding the 9th Amendment
◦ Admission of impossible task of listing all rights
◦ Bill of Rights does not increase national gov’t powers in
area not mentioned in previous amendments
◦ Commands judges and Congress to affirm rights not
mentioned in Constitution

Views of the 10th Amendment
◦ States nature of American federalism but adds nothing
◦ Protects powers of the states against the national gov’t

Hamilton argued that Constitution itself is a bill of
rights
◦ Designed to prevent gov’t abuse of power and violation of
rights

Examples (Art. I, Sec. 9)
◦ Habeas Corpus rights guaranteed
◦ Bills of Attainder Prohibited
◦ Ex Post Facto Laws Prohibited

Initial Reaction
◦ Luke warm response, little effect on average person who
had closer ties to state governments
◦ Baron v. Baltimore (1833) – court rules that Bill of
Rights only applies to national government.
◦ 14th Amendment and Supreme Court decisions needed to
incorporate limits on state governments as well

20th Century
◦ Increasingly recognized throughout world as one of most
important documents expressing fundamental rights
◦ However, many Americans have little knowledge of the
document and rights that it protects



The first two clauses of the 1st Amendment
prohibit Congress from making laws regarding the
establishment of religion or prohibiting the free
exercise of religion.
The meaning of these clauses has been a topic of
fierce debate.
As Jefferson asserted, should there be “a wall of
separation between Church and State?” Or were
the clauses created solely to prevent religious
persecution and the establishment of one national
religion?



Explain the importance of religious freedom in the
United States and to identify primary differences
between the establishment and free exercise
clauses.
Describe how the Supreme Court has interpreted
the clauses, ongoing issues involving the clauses,
and how conflicts can arise between them.
Evaluate, take, and defend positions on issues
arising from guarantees relating to the
establishment and free exercise of religion clauses
of the Constitution.
compelling state interest
A public or common good claimed to take precedence over individual interests or, in some cases,
rights.
established church
An official, state-sponsored religion, such as those in dozens of countries that have official state
religions, including Roman Catholicism, Anglicanism, Lutheranism, Eastern Orthodox...
establishment clause
The part of the 1st Amendment that prohibits the government from declaring an official religion.
free exercise clause
The part of the First Amendment stating that Congress shall make no laws that prevent people from
holding whatever religious beliefs they choose or that unfairly or unreasonably limit the right to
practice religious beliefs.
separation of church and state
A basic principle of American government that no single religion should be favored by government
over other religions, nor should government interfere with the right to practice or not practice
religious beliefs. This term was used in 1802 by President Thomas Jefferson to explain his
understanding of the protection of religious freedom afforded by the Constitution.



Reformation period in Europe characterized by bloody
conflict between Catholics & Protestants over political
power.
General belief held that established (official) religions
formed necessary foundation for government.
Although many came fleeing religious persecution,
most colonies established their own churches.
◦ Ex) religious persecution commonplace in Anglican VA and
Puritan MA

Religious Intolerance in America not Universal
◦ Ex) Roger Williams founds RI based upon freedom of
conscience, religious toleration, and separation of church
and state.



Great Awakening (Mid 18th C.) drew
many into new religious groups,
making it increasingly difficult for
one church to dominate.
By the time Constitution was written,
general belief that freedom of belief
was an essential right and actually
strengthened both church and state.
Belief results in religion clauses of 1st
Amendment
“Congress shall
make no law
respecting an
establishment of
religion, or
prohibiting the free
exercise thereof.”
- 1st Amendment



Establishment clause prohibits Congress from
establishing a national religion.
States eventually abandon practice of established
religions. (MA last state, 1833)
Debate then shifted to constitutionality of laws
providing state aid to religious organizations or
requiring prayer in public schools.
◦ Everson v. Board of Education (1947)

Broad Interpretation
◦ 1st Amendment prevents the gov’t from providing any aid to
any religion.
◦ Groups can receive same services everyone else receives, and
government may provide assistance that makes it easier to
exercise religion. (religious holidays)

Narrow Interpretation
◦ Government is prohibited from giving one religious group
preferential treatment.
◦ Gov’t support ok, as long as it does so impartially.

Literal Interpretation
◦ 1st Amendment only prohibits establishment of an official
religion, all else is fair game.


Free exercise protects the absolute freedom of
belief (conscience), but freedom to practice one’s
religion is not absolute.
Religious beliefs can be limited to protect other
important values and interests.

Court creates and refines “tests…”
◦ Ex)
 When health of community is balanced against religious
beliefs, public health more important.
 When life, health or safety of individual is involved, mentally
competent adults able to make own decisions.

The Court’s Current Test
◦ Is the law “object neutral” and does it apply to everyone?
◦ If is does not pass the first test, did the gov’t have a
compelling interest for enacting it, and did the
government adopt the least restrictive means for
furthering that compelling interest.



If the Government can meet its burden of proof,
then the law does not violate the free exercise
clause.
Smith v. Oregon (1990)
Church of the Lukumi Bablu
Aye, Inc. v. City of Hialeah
(1993)


The 1st Amendment rights to speech, press, assembly,
and petition are together considered the right to
freedom of expression.
This lesson examines the benefits that freedom of
speech and press offer to the individual and society,
why they were important to the Founders, and the
circumstances un which the government should be
able to limit them.



Explain the importance of freedom of expression to
both the individual and society and its historical
importance.
Explain the considerations useful in deciding when
the government should be able to place limits on
freedom of speech and the press.
Evaluate, take, and defend positions on issues
involving the right to freedom of expression.
libel
Published words or pictures that falsely and maliciously defame a person.
seditious libel
Written language that seeks to convince others to engage in the overthrow
of a government.
time, place, and manner restrictions
Government regulations that place restrictions on free speech. These
regulations, specifying when, where, and in what way speech is allowed, are
applied when unrestricted free speech will conflict with the rights of
others.


Founders belief that freedom to express personal
opinions is essential to free government.
Although pressure to suppress freedom of expression
is widespread and powerful, freedom of expression…
◦
◦
◦
◦
◦
Promotes Individual Growth & Human Dignity
Is Important for Advancement of Knowledge
Is a Necessary Part of Representative Government
Is Vital to Bringing About Peaceful Social Change
Is Essential for the Protection of All Individual Rights


Common Law suggested that “Sedition Libel” mean
defaming or ridiculing the government in a way that
would jeopardize peace.
John Peter Zenger’s trial established
◦ truth could be permitted as a defense
◦ The importance of freedom of the press
◦ Jury as a check on arbitrary power

Jefferson’s opposition to Adams’ Sedition
Act helped propel him to presidency
◦ “Our liberty depends on freedom of the press,
and that cannot be limited without being lost.

Throughout many times in
history, pressure has risen to
suppress unpopular ideas.
◦ Pre-Civil War ban on abolitionist
literature
◦ 20th C. fears of labor movements,
socialism, communism, anarchists.
(McCarthy Era)

Since 1960s, fewer attempts
have been made to prosecute
those with different beliefs.

The Court’s approach has been “dynamic” and
“unpredictable,” but these general rules apply to laws
restricting speech and press…
1)
Laws may not discriminate unfairly on the basis of
content of the expression or the speaker
 However, no one has right to publish secret military info or
names of US intelligence agents.
2)
Time, place, and manner restrictions must be
content-neutral and applied fairly
 Regulations cannot affect content of expression or favor some
individuals, groups, or opinions over others.
3)
Regulations on expression cannot
be vague

4)
Ex) rule prohibiting “disrespectful
speech that interferes with the public
good” is too vague
Regulations must not be overly
broad and must be implemented
by the “least restrictive means”

Regulations must solve a specific
problem without limiting more
expression than is necessary

Governments often limit free speech and press
during wartime / emergencies in the name of
defense
◦ Alien & Sedition Act, Civil War restrictions, WWI
through McCarthy era

The Bradenburg Test (Bradenberg v. Ohio,
1969)
◦ Gov’t cannot forbid such expression unless “such
advocacy is directed to inciting or producing imminent
lawless action and is likely to incite or produce such
action.”


This lesson focuses on the 1st Amendment rights to
“peaceably assemble” and “petition the
government for redress of grievances.”
It examines the importance and historical
background of these rights, and discusses an
important related right – the freedom to associate.



Explain the importance of the rights to assemble,
petition, and associate.
Describe the history of these rights and when they
can be limited.
Evaluate, take, and defend positions relating to the
exercise of these three rights.
gag rule
Any rule restricting open discussion or debate on a particular issue.
public forum
Geographical places in a community, such as streets, parks, or virtual reality sites, where people
can express and exchange their views.
right to assemble
The right or legal claim provided for in the First Amendment that allows people to meet to
discuss and express their beliefs, ideas, or feelings, especially in a political context.
right to associate
The freedom to meet with others for political or any other lawful purposes.
right to petition
The legal claim that allows citizens to urge their government to correct wrongs and injustices or
to take some other action.


Freedom to assemble and to petition the
government enhances the First Amendment
protection of political rights.
Right to Associate
◦ Associations include political groups, church groups,
professional organizations, social clubs, and community
service organizations.

Common Law Tradition
◦ Right to petition recognized in Magna Carta, as did the
English Bill of Rights (1689)
◦ Right to assemble and petition seen by Americans as a basic
right of Englishmen and fundamental to a constitutional
democracy
◦ Since no representation in Parliament, colonial petitions
were important means of
communication with British gov’t
◦ Rights to assemble and petition
included in the state constitutions
and bills of rights.

1790s
◦ Petitions for pensions or back pay for Revolutionary War
widows and orphans

1830s
◦ Abolitionists and suffrage advocates petition Congress to the
point that it issues a gag rule for certain topics, such as
slavery. (finally lifted in 1844)

Great Depression
◦ Military force used to disperse
veteran group demanding early
payments, killing 2 and injuring
many.

Women’s Rights

Civil Rights Movement

Today
◦ Early 1800s – group petitions MA legislature urging
laws limiting work day and improving safety.
◦ 1865 – Petition with 400,000 signatures sent to
Congress urging abolition of slavery. (13th
Amendment)
◦ 1963 – Under Martin Luther King Jr.’s leadership,
thousands participate in march on Washington for
jobs and freedom.
◦ Many groups use right to assemble to attract news
media
◦ Faxes, emails, phone calls, letters, and the use of
lobbyists are all modern forms of the right to
petition government.

Hague v. Congress of Industrial Organizations
(1939)
◦ Ruled that people have right to assemble in public forum, but
gov’t is responsible for ensuring safety and avoidance of
unreasonable inconvenience to public.

Time, place, and manner restrictions permissible if:
◦ Gov’t can prove legitimate reason for restriction and does not
impose regulation with goal of suppressing speech or assembly
 Ex) preventing riots, keep streets clear during rush hour
◦ Restriction is precisely worded and applied in
nondiscriminatory manner.

Implied Right
◦ Not mentioned, but implied by other 1st Amendment rights
and considered part of living in a free society.

Cases
◦ NAACP v. Alabama (1958)
◦ Barenblatt v. United States (1959)

The Right Not to Associate
◦ Court has ruled that in situations that go beyond personal
relationships and involve larger social purposes, gov’t may
prevent private organizations from discriminatory practices
based on race, gender, or ethnicity.

Eliminating Unfair Discrimination
vs.
◦ Right of Each Individual to Live Their
Life As Free As Possible From
Government Interference

Toqueville – right to associate essential
for preserving free government in the
US. Americans did not need to rely on
government to solve all their problems.
(Help achieve the common good)



The 4th Amendment limits the powers of
government officials to search and seize
individuals, their homes, their papers, and other
property.
The 5th Amendment contains protections for
criminal defendants, including protection from
self-incrimination.
This lesson focuses on these protections and
examines how and why they were important to the
Framers.



Explain the purpose and history of the 4th
Amendment and issues raised by its interpretation.
Explain the importance of the 5th Amendment
provision against self-incrimination.
Evaluate, take, and defend positions on
contemporary issues involving the 4th Amendment
and self-incrimination.
affidavit
A formally sworn statement.
exclusionary rule
The rule established by the U.S. Supreme Court that evidence unconstitutionally gathered by law
enforcement officers may not be used against a defendant in a trial.
probable cause
Reasonable grounds for presuming that a crime has been or is in the process of being committed.
Provided for in the Fourth Amendment.
reasonableness
Quality of what a rational and fair-minded person might say.
right against self-incrimination
A guarantee found in the Fifth Amendment against being compelled in any criminal case to be a
witness against oneself.
search
In the context of American constitutional law, intrusion into someone's privacy.
seizure
In the context of U.S. constitutional law, interference with a person's property or freedom of
movement.
use immunity
A guarantee government prosecutors give to a witness to not use the witness's self-incriminating
compelled testimony as evidence against the witness in a subsequent criminal prosecution. A
witness who receives use immunity may still be prosecuted, but based only on evidence not
gathered from the protected testimony.
warrant
An order by a judge authorizing a police officer to make an arrest or search or perform some
other designated act.

English Common Law
◦ Americans inherit principle that a “man’s home is his
castle.”
◦ Common law prohibited open-ended general warrants
known as “hunting licenses.”

Colonial Experience
◦ Parliament issued general warrants to collect taxes,
recover stolen goods, and persecute smugglers (Hancock)
◦ Colonial objections helped spur Revolution
◦ Anti-Federalists protest lack of protection
against such general warrants in body of
Constitution.

Components
◦
◦
◦
◦

Prohibits general warrants
Probable cause necessary to obtain a warrant
Requires judge to determine whether probable cause exists
Requires applications for warrants to “particularly” describe
the “place to be searched and persons or things to be seized.”
Importance
◦ Prohibits the “most effective weapon in the arsenal of every
arbitrary government.” - Justice Robert Jackson
◦ Protects reasonable expectations of privacy

An Ongoing Challenge
◦ Striking a balance between society’s need for order/safety
and the individual’s right to autonomy / privacy
◦ Importance considerations:
 When is a warrant required?
 What is probable cause and when is it required?
 How should 4th Amendment be enforced?

Protecting Individuals From Arbitrary Actions
◦ Officials must submit a detailed affidavit to judge
◦ Probable cause means enough evidence for a reasonable
person to believe it is likely that an illegal act is being or
has been committed.
 But does not require absolute certainty

Examples of Exceptions to Warrant Requirements
◦ Police are at the scene of a violent crime or robbery in
progress (“In Hot Pursuit”)
◦ If person consents to search or seizure
◦ Evidence is “in plain sight” of official

What if Official Break the Law Regarding Warrants?
◦ Weeks v. US (1914)
 Prevents use of illegally obtains evidence during trial
◦ Exclusionary rule discourages officers from breaking the law
◦ Mapp v. Ohio (1961)
 Exclusionary rule extended to criminal trials in state courts
 Critics argue it ties the hands of police and is too high a price to
pay for violations of 4th amendment.
◦ Modifications since 1961
 If officials relied in good faith upon
defective search warrant
 “Inevitable discovery” rule

Proposals To Replace Exclusionary Rule
◦ Departmental Discipline
 Independent boards investigate and impose discipline
◦ Civilian Review Boards
 Appointed by local gov’t, investigates, then recommends
appropriate action to agency or suggests prosecution
◦ Civil Suits
 Individuals who feel rights have been violated can sue officers or
agencies for money damages in civil court.

Warrants “Unsuited to School Environment”
◦ School officials are guardians of students, not law
enforcement officers.
◦ Searches in schools must be determined reasonable
 Specific facts, together with rational inferences from those
facts, justified the intrusion
 Search was reasonably related in scope to circumstances
justifying it (TLO v. New Jersey, 1985)

“Reasonableness” Standard in Other Settings
◦ Random drug testing of public employees and
students participating in extracurricular sports.
◦ Searches of homes of people on probation

The Right Not To Incriminate Oneself
◦ Defendant cannot be forced to testify at trial.
◦ If they choose to, must answer all questions asked.
◦ Other who testify do not have to answer questions that
would incriminate themselves unless offered use immunity
◦ Gov’t carries the burden of proof, so defendant should not be
forced to reveal incriminating facts.
◦ Protection applies in any public proceeding in which info
obtained could tie a person to criminal activity.
◦ Unless there is a privilege the law respects (doctor-patient),
no one can refuse to testify on grounds that it might
incriminate someone else.

Under Miranda, officers must warn suspects that
◦
◦
◦
◦


They have the right to remain silent
They have right to an attorney when being questioned
Anything they say may be used against them in court
If they can’t afford an attorney, one will be provided
If Miranda Rule is Violated, Evidence is Excluded
Dickerson v. US, 2000
◦ Reaffirmed Miranda ruling,
could not be overruled by an act
of Congress


This lesson explores how the 5th, 6th, and 8th
Amendments protect the rights of accused criminals
before and during trial.
This lesson also explores the rights of those who have
been convicted of crimes.




Explain the 5th and 6th Amendment guarantees
regarding indictments, double jeopardy, and due
process.
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.
bail
Money or other security given to obtain an arrested person's release from legal
custody, which is forfeited if the individual subsequently fails to appear before
the court for trial.
capital punishment
The use of the death penalty by a judicial system.
cruel and unusual punishment
A criminal sanction or penalty that is not in accord with the moral standards of a
humane and compassionate society. The Eighth Amendment prohibits such
punishments.
double jeopardy
The provision in the Fifth Amendment to the U.S. Constitution that a person
may not be tried twice for the same crime.
grand jury
A panel of jurors designated to inquire into alleged violations of the law in order
to ascertain whether the evidence is sufficient to warrant trial. Contrasted with
the "petite jury," usually composed of twelve people, of an ordinary trial.
indictment
A formal charge by a grand jury accusing a person of having committed a
crime.
plea agreement
Pleading guilty to a lesser crime than that charged by a prosecutor.
right to counsel
Part of the right to a fair trial, allowing for the defendant to be assisted by an
attorney, and if the defendant cannot afford counsel, requiring that the state
appoint an attorney or pay the defendant's legal fees.

A Fundamental Premise
◦ Person accused of a crime is innocent until
government proves guilt beyond a
reasonable doubt.
◦ Procedural rules designed to protect the
innocent.
◦ Although some guilty remain free, it is
considered a small price to pay to avoid
mistakenly convicting the innocent.
◦ Procedural right important because
criminal law pits the power of the
government against the individual.

Pretrial Protections
◦ Indictment
 Formal statement of charges requires so defendant knows how to
prepare a defense (unless reach plea agreement)
 Grand jury decides whether gov’t has strong enough case to
proceed with trial. (applies only to cases in federal court)
 Most states rely on preliminary hearings where judge decides
◦ Bail
 Release before trial helps them prepare for defense and avoids
punishing innocent suspects. (not all suspects granted bail)
 8th Amendment prohibits “excessive bail”
◦ Counsel
 6th Amendment guarantees right to counsel during
questioning, while preparing for trial, and during trial.
 Gideon v. Wainwright, 1963
 Counsel provided if suspect cannot afford to pay
 Complexity of adversarial system requires use of lawyers
 Extending the Right to Counsel
 Every person accused of a felony
 Those too poor to afford them

A Speedy, Public Trial
◦ Diminishes the possibility that evidence will disappear or
witnesses memories will fade
◦ Safeguards against courts being used as instruments of
persecution
◦ Grants opportunity for public to become more informed
◦ However, judge can order some proceedings closed if it
makes it impossible for defendant to receive a fair trial.

Right to Counsel
◦ Although, defendant can waive right to counsel

Compulsory Process and
Confrontation
◦ Defendants can require accusers to appear
in court and be questioned. Crossexamining witnesses tests the truth of
their written statements.

Impartial Jury in State & District
Where Crime Was Committed
◦ Jury trial protects against unfounded
charges and biased/complacent/eccentric
judges.




Jury trials not required for petty offenses.
Historically 12 members, but Court has permitted
juries as small as 6 in cases not involving death
penalty.
Court has upheld state laws that require less-thanunanimous (12-member) verdicts if no death
penalty involved.
Court has struck down laws
discriminating against prospective
jurors on basis of gender, race,
and religion.

No Double Jeopardy
◦ If acquitted, gov’t cannot prosecute again for the same crime.
However, can be tried in both Fed & State court if conduct
violates laws of both.

No Excessive Fines
◦ Fines must be reasonable in relation to crime and must not
deprive defendant of equal protection of the laws. (14th)

No Cruel & Unusual Punishment
◦ Prohibits tortuous punishments of 18th c.
◦ Trop v. Dulles (1958) – cannot strip citizenship from
natural born citizens.


Court has ruled that death penalty is
constitutionally acceptable.
Cases of interest…
◦ Furman v. Georgia (1972)
 Standards needed for jury
◦ Coker v. Georgia (1977)
 Death penalty for rape unconstitutional
◦ Roper v. Simmons (2005)
 Death penalty for those under 18
(when crime committed) is
unconstitutional
http://www.amnestyusa.org/deathpenalty/death-penalty-instates/page.do?id=1101153