Rights of the Accused: Punishment

“Old Sparky”

W

No Excessive Bail• Justification for Bail

–The accused should not be jailed until convicted

–Defendants are better able to prepare their defense out of jail

• Bail may be denied

Preventive Detention• Accused may be jailed

w/o bail if it appears that they may commit more crimes before their initial trial begins.

• Preventive detention doesn’t undercut the presumption of “Innocent Until Proven Guilty”

The 8th Amendment bansCruel and Unusual Punishments

What kinds of punishment are banned?

• Burning at the stake

• Crucifixion • Drawing and

Quartering http://www.newworldencyclopedia.org/entry/Drawing_and_quartering

• Whippings

• Slavery Illegal in a criminal case but legal in some schools!!!!!

What about a paddling or spanking?

If at first you don’t succeed, If at first you don’t succeed, try try again! try again!

Louisiana v. Resweber 1947 Louisiana was allowed a second attempt at executing Resweber after the chair failed on their first try! The chair worked just fine on their second attempt!!

It’s not cruel and unusual to try until you succeed! Florida’s “Old Sparky” 39

Criminals 0

Capital Punishment• The death penalty may be

cruel but it is not unusual!

• 38 states allow capital punishment

• To be legal a capital case must have two phases:

–Trial and Conviction

–Sentencing

Capital Punishment

• If a criminal is insane, they can’t be executed! The court may order the insane criminal treated and cured then can order an execution!! Ford v. Wainwright 1986

Capital Punishment• If a criminal is 15 years

old at the time they commit a murder, they can’t be executed!

• The court did order the execution of 16 & 17 year olds who had committed murder!!

Treason can only be committed during time of war!

• Only crime defined in the Constitution is treason!

• Needed two witness or a signed confession

• Treason is punishable by death!

No one has ever been executed for treason against the USA!