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Get out your “I HAVE RIGHTS?! FILL IN THE BLANKS” worksheet and your “INTERPRETING THE CONSTITUTION “ worksheet. Be ready for that UFO noise around the.

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Presentation on theme: "Get out your “I HAVE RIGHTS?! FILL IN THE BLANKS” worksheet and your “INTERPRETING THE CONSTITUTION “ worksheet. Be ready for that UFO noise around the."— Presentation transcript:

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2 Get out your “I HAVE RIGHTS?! FILL IN THE BLANKS” worksheet and your “INTERPRETING THE CONSTITUTION “ worksheet. Be ready for that UFO noise around the time the bell rings. 一 Bell Ringer 5 November 2012

3 If you completed your “I HAVE RIGHTS?! FILL IN THE BLANK” paper, please give it to me now. When I pass your papers back, the class will listen in as you go over the answers together as a group. If you did not complete your optional home prep, please write down the correct answers. Write them on another sheet of paper if necessary. 一 Bell Ringer 5 November 2012

4 I will now grade your work. I will call you up alphabetically; bring me your paper and let me give you a grade on this assignment. 一 Bell Ringer 5 November 2012

5 New School Rule: All students have the right to necessary and useful school supplies. 二 School Supplies Take a look at the 28 items on your worksheet. Circle everything you think is a “necessary and useful” school supply.

6 二 School Supplies Let’s discuss this as a class. If you disagree with someone, feel free to say so out loud.

7 Go Time! You are being timed. The timer will stop when everyone picked up today’s class set worksheet from the back cart and when everyone is sitting in his or her seat quietly.

8 Can I? Pick Up Country Creation WS Home Prep Turn In Class Set Pick Up 1 st period 9:14.50:37.87:31.30: nd period 2:13.24:16.79:98.00: th period 0:47.30:57.29:99.90: th period 0:43.30:53.99:99.90: th period 0:53.73:30.89:99.91:26.6

9 三 8 th Amendment Punishments DO NOT WRITE ON THIS PAPER! Please sit with a partner of your choice. I will read the scenario about real-life 8 th amendment cases. Together, decide if you think the punishment is cruel or unusual.

10 Was the malfunctioning electric chair cruel and unusual?

11 No! The Constitution protects against a cruel method of execution. Just because an accident happened the first time does not make the method cruel. Nobody intended to cause the prisoner to suffer unnecessary pain. Louisiana ex. rel. Francis v. Resweber

12 Was the wooden paddle cruel and unusual?

13 No! The 8 th Amendment protection from cruel and unusual punishment is limited to punishment for crimes. Unlike prisons, schools are open to the public. Unlike prisoners, students have friends and teachers who see what is going on.

14 No! If a school goes to far in punishing a student, it could be sued, or the teacher could face criminal charges. There is no need for 8 th Amendment protection in schools. Ingraham v. Wright

15 Was not doing an X-Ray cruel and unusual?

16 No! It is cruel and unusual punishment if a prison purposely ignores a prisoner’s serious injury or illness, because that would inflict unnecessary suffering and pain. In this case, the prisoner saw the doctor many times. He was treated for his back injury as well as other medical problems. It may have been bad medical judgment for the doctor not to perform an X-ray, but that is not cruel and unusual punishment. Estelle v. Gamble

17 Was it cruel and unusual for the judge to give the death penalty without looking at the boy’s troubled past?

18 yes! Before sentencing someone to death for a crime, it is important to make sure that death is the appropriate punishment. A judge cannot refuse to consider special circumstances that would affect whether the death penalty is an appropriate punishment for the crime. Eddings v. Oklahoma

19 Was it cruel and unusual for the state law to allow the death penalty but prohibit looking at special circumstances?

20 yes! Before sentencing someone to death for a crime, it is important to make sure that death is the appropriate punishment. There cannot be a law that stops the judge from considering special circumstances that affect whether the death penalty is appropriate for the crime. Bell v. Ohio

21 Was it cruel and unusual to give the death penalty to someone under 18?

22 yes! A person under the age of 18 deserves less punishment than an adult. Teenagers are less experienced, less disciplined, and more vulnerable than adults. They respond more to peer pressure, and they have more potential to grow and change. It is cruel and unusual punishment to give the death penalty to a person under 18. Roper v. Simmons

23 Was beating up the prisoner cruel and unusual if the injuries were not serious?

24 yes! Prison guards may have to use force to keep order, but they are not allowed to hurt prisoners on purpose. If prison guards maliciously use force to cause harm, they violate the 8 th Amendment. It doesn’t matter whether the prisoner’s injuries are serious or not. Hudson v. McMillian

25 Is second-hand smoke cruel and unusual?

26 MAYBE! Prison officials may not ignore a condition that could lead to serious health problems. If a prisoner was locked in his cell with a heavy smoker against his will, that could violate the 8 th amendment. In this case, the prisoner was no longer in a cell with a heavy smoker. Also, the prison had a policy to respect the wishes of non-smokers. Helling v. McKinney (But not in this case)

27 四 Pleading the 5 th Flip your paper over. I will read the scenario about real-life 5 th amendment cases. Together, decide if you think the person has been compelled to be a witness against himself.

28 Did using the suspect’s clothing compel him to be a witness against himself?

29 No! The clothing was not “testimonial.” It did not communicate anything. Therefore, the clothes did not compel the suspect to be a “witness” against himself. Warden v. Hayden

30 Did mentioning the danger to handicapped children compel the suspect to be a witness against himself?

31 No! The suspect was not compelled to confess. First, the officers were talking to each other, not to the suspect. More importantly, although the officers may have hoped the suspect would react to what they were saying, they had no reason to believe the suspect would care whether children got hurt. Rhode Island v. Innis

32 Did the “friend’s” offer of protection compel the suspect to be a witness against himself?

33 YES! The only reason the prisoner confessed was because he was afraid that, without protection from his friend, other prisoners would hurt him. A threat of physical violence is enough to cause a statement to be compelled. There does not have to be actual physical violence. Arizona v. Fulminante

34 Did making him try on the shirt compel the suspect to be a witness against himself?

35 NO! Being a witness against yourself only applies to communication. When he was forced to put on the shirt, he was not forced to communicate anything. If the 5 th Amendment could stop this, then it could also stop the jury from looking at the suspect and comparing him to a photograph of someone. Holt v. U.S.

36 Did the medicine compel the suspect to be a witness against himself even though the police didn’t know it was a “truth serum?”

37 yes! If the drug had the effect of a “truth serum,” then the suspect could not exercise his free will. It doesn’t matter whether the police realized the medication had that effect on the suspect. If the suspect could not exercise his free will, then his statements were compelled. Townsend v. Sain

38 Did forcing the suspect to give a blood sample compel him to be a witness against himself?

39 NO! When the officer told the doctor to take the blood sample even after the suspect protested, the suspect was compelled to give blood. However, being a “witness” against yourself only applies to communication. The suspect was compelled to give physical evidence. He was not compelled to communicate anything. Schmerber v. California

40 Does interrogating someone without telling them their rights compel them to be a witness against themself?

41 SORT OF! When a person is interrogated by police, there is a great danger that the person will be compelled to speak. A person is put into an unfamiliar place away from other people.

42 SORT OF! During an interrogation, police often behave in an intimidating way because they are trying to get information. In order to guard against people being compelled to speak against themselves, police must tell them what their rights are before questioning begins. Miranda v. Arizona

43 Did questioning the guy in the hospital compel the suspect to be a witness against himself?

44 YES! The suspect was at the detective’s mercy. He could not move because of all the equipment he was hooked up to, and he was in a lot of pain. He also said he was confused and could not think clearly. The detective ignored all the suspect’s requests to stop the interrogation. Under these circumstances, the suspect was not able to exercise his free will. Mincey v. Arizona


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