1. Magruder’s American Government
C H A P T E R 20 Civil Liberties: Protecting Individual Rights
© 2001 by Prentice Hall, Inc.

2. S E C T I O N 4 Learning Objectives: Punishment
What is the purpose of bail and preventive detention
What is the Court’s interpretation of cruel and unusual punishment
What is the history of the Court’s decisions of capital punishment
What is treason 1 2 3
Chapter 20, Section 4

3. Bail and Preventative Detention
Bail is a sum of money that the accused may be required to deposit with the court as a guarantee that he or she will appear in court.
The Constitution does not guarantee that all accused persons are entitled to bail, just that the amount of the bail cannot be excessive.
Preventive detention is a law that allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released.
Critics think preventive detention amounts to presuming the accused guilty. The Court upheld the law in United States v. Salerno, 1987. 1 2 3
Chapter 20, Section 4

4. Guided Reading Bail and Preventive Detention
1. Every person accused of a crime must be allowed to set his or her own bail.
Every person accused of a crime is not automatically granted bail; bail is set by the court.
2. The Supreme Court rejected preventive detention in Stack v. Boyle, 1951.
The Court upheld preventive detention in United States v. Salerno, 1987.

5. Cruel and Unusual Punishment
The 8th Amendment also forbids “cruel and unusual punishment.” The Supreme Court extended the provision to the States in Robinson v. California, 1962.
The 8th Amendment is intended to prevent, in the Court’s opinion, barbaric tortures such as drawing and quartering and other excessively cruel punishments.
The Supreme Court held that defining narcotics addiction as a crime, rather than an illness, was cruel and unusual in Robinson v. California, In Estelle v. Gamble, 1976, it ruled that a prison inmate could not be denied medical care.
However, generally the Court has not found many punishments to be cruel and unusual. 1 2 3
Chapter 20, Section 4

6. Guided Reading Cruel and Unusual Punishment
3. The 6th Amendment prohibits cruel and unusual punishment and the 13th Amendment extends that prohibition to the States.
The 8th Amendment prohibits cruel and unusual punishment and the 14th Amendment extends that prohibition to the States.
4. The Supreme Court has ruled that death by firing squad is cruel and unusual.
The Supreme Court has ruled that death by firing squad is not cruel or unusual.

7. Despite these decisions, debate still surrounds the issue.
Capital Punishment
Capital punishment, or the death penalty, is hotly debated under the 8th Amendment.
The Supreme Court voided capital punishment laws in the early 1970s because it felt that the punishment was applied “capriciously” to only a few convicts, often African American or poor or both.
However, in 1976, the Court held for the first time that a new law which instituted the death penalty was NOT unconstitutional. The new law provided for a two-stage trial process. One trial would determine guilt or innocence, and a second hearing would decide whether the death penalty was warranted. The Court later restricted the use of the death penalty to cases where the victim died.
Despite these decisions, debate still surrounds the issue. 1 2 3
Chapter 20, Section 4

8. Guided Reading
Capital Punishment
5. Thirty States have capital punishment laws. Thirty-eight States have capital punishment laws.
6. A State can impose the death penalty only for crimes resulting in excessive cruelty to the victim.
A State can impose the death penalty only for crimes resulting in the death of the victim.

9. Treason is the only crime defined in the Constitution.
1. Levying war against the United States or
2. Giving aid and comfort to the enemies of the United States.
A person can only commit treason in times of war, and it is punishable by the death penalty.
Other related acts, such as sabotage or espionage, can be committed in peacetime.
John Brown, who was hanged as a traitor to Virginia because of his raid on Harper’s Ferry, is the only person ever to be executed for treason against a State. 1 2 3
Chapter 20, Section 4

10. Guided Reading Treason
7. Treason is the only crime specifically defined in the Constitution because the Framers knew that its meaning would be lost with time.
Treason is the only crime specifically defined in the Constitution because the Framers knew that this charge is often used by tyrants to silence their opponents.
8. A person can be convicted of treason if there is one eyewitness to the treasonous act.
A person can be convicted of treason if there are two eyewitnesses to the treasonous act or there is a confession in open court.

11. Guided Reading KEY TERMS bail
11. money an accused person must deposit with the court to guarantee an appearance at trial
preventive detention
10. holding the accused without bail when there is reason to believe the accused will commit serious crimes before trial
capital punishment
12. the death penalty
treason
8. levying war against the United States or giving aid and comfort to its enemies

12. Section 4 Review 1 2 3 1. Bail is 2. Treason is
(a) a fine you have to pay if you are arrested.
(b) a tax to support jails.
(c) a deposit you put down to guarantee appearance in court.
(d) a contract between the State and a prisoner.
2. Treason is
(a) the only crime defined in the Constitution..
(b) punishable by death.
(c) committed only in wartime.
(d) all of the above.
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Chapter 20, Section 4