CYBERLAND UNIVERSITY OF NORTH AMERICA
Dr. Almon Leroy Way, Jr.
University President & Professor of Political Science
POLITICAL SCIENCE 201B
AMERICAN NATIONAL GOVERNMENT & POLITICS
UNIT TWO
RIGHTS & LIBERTIES UNDER THE UNITED STATES CONSTITUTION
OUTLINE & STUDY GUIDE, LECTURE TOPIC B
EQUAL JUSTICE UNDER THE LAW
(Continued)
XI. The U.S. Constitution and the Rights of Persons Accused or
Suspected of Crime by the National Government (Continued)
C. Sixth Amendment Rights
1. Sixth Amendment
a. What the Amendment Provides
2. Rights of the Accused in Criminal Prosecutions--
Rights Protected by the Sixth Amendment
a. The Basic Requirements of Procedural Due Process
(1) A Speedy and Public Trial
(2) An Impartial Jury
(3) Trial in the Area Where the Crime Was
Committed
(4) Notice of the Charges
(5) Confrotation with Witnesses for the
Prosecution
(6) Use of the Subpoena to Obtain Favorable
Witnesses
(7) Assistance of Counsel
D. Eighth Amendment Rights
1. Eighth Amendment
a. What the Amendment Provides
2. Rights Protected by the Eighth Amendment
a. Immunity from Excessive Bail
b. Immunity from Excessive Fines
c. Immunity from Cruel and Unsusual Punishments
E. Article I, Section 9, Rights Pertinent to the Federal
Criminal Justice Process
1. Habeas Corpus
2. Immunity from Ex Post Facto Laws
3. Immunity from Bills of Attainder
F. Article III Rights
1. Trial by Jury
a. Article III, Section 2, Paragraph 3
2. Safeguard Against Easy Prosecution for and Convic-
tion of Treason and Against Unfair Punishment after
Conviction of Treason
a. Article III, Section 3, Paragraphs 1 and 2
XII. The Federal Criminal Justice Process [Textbook, pp. 117-
119.]
A. The Preliminary Hearing
a. The Role of the Magistrate
b. The Function of the Preliminary Hearing
c. How the Preliminary Hearing Protects the Suspect
B. The Right ot Counsel
a. Why It Is So Important That the Magistrate Make
Clear to the Arrested Person That He Has the Con-
stitutional Right to Assistance of Counsel
b. The Stages of the Criminal Justice Process to Which
the Assistance-of-Counsel Requirement Applies
C. The Bail Hearing
a. Bail--A Definition
b. The Court's Discretion Regarding the Amount of Bail
c. Bail and the Eighth Amendment
d. The Right to a Bail Hearing
D. The Grand Jury and the Indictment or Presentment
1. Grand Jury
a. Composition, or Membership
b. Function
c. Procedures
d. Powers
2. Indictment
a. Role of the Prosecutor
b. Role of the Grand Jury
(1) Returning an Indictment, or "True Bill"
c. The Legal Consequence of an Incictment
d. The Legal Consequence of Failure to Indict
3. Presentment
E. Giving the Accused Due Notice of the Charges
1. Serving a Copy of the Indictment on the Accused
a. The Sixth Amendment Guarantee of the Right of
the Accused to Be Informed of the Nature and
Cause of the Accusation
2. Appearance of the Accused Before a Federal District
Judge
3. What the Federal District Judge Does at the Hearing
a. Why this Stage of the Criminal Justice Process
Is So Important
b. Its Impact on the Prosecutor
F. Plea Bargaining
1. Definition of "Plea Bargaining"
2. Frequency of Occurrence of Plea Bargaining
3. The Stage of the Criminal Justice Process at Which
Plea Bargaining Occurs
4. The Legal Consequence of a Guilty Plea
G. The Trial
1. The Right to a "Speedy" and Public Trial
a. Why Defendants Often Request Delays
b. The Government's Denial of a Speedy Trial in
the Constitutional Sense
(1) The Legal Consequence
2. The Petit Jury, or Trial Jury
a. The Trial Jury Under Common Law
b. The Trial Jury Under Federal Law
c. The Trial Jury Under State Law
d. The Right of the Accused to Waive His Right to
a Jury Trial
e. The Function of the Petit Jury in Federal
Criminal Trials and in Most State Criminal
Trials
f. The Jury Trial Under the Sixth Amendment
3. Trial by an Impartial Jury
a. The Sixth Amendment Guarantee
b. What Constitutes an Impartial Jury
4. Witnesses
a. The Sixth Amendment Guarantee
b. The Defendant's Right to Confront and Cross-
Examine Government Witnesses
c. The Defendant's Right to Compel the Attendance
of Favorable Witnesses
d. The Defendant's Right to Decline to Take the
Witness Stand and Testify
5. The Jury's Verdict
a. A Finding of Not Guilty
(1) Acquittal and the Legal Consequence
b. A Finding of Guilty
6. The Sentencing
a. Power of the Judge to Punish the Defendant
(1) Eighth Amendment Limitations
(2) Federal Statutory Limitations
(3) U.S. Sentencing Commission Guidelines
b. The U.S. Sentencing Commission
(1) How It Was Created
(2) Its Function
(3) Its Composition, or Membership
(4) How It Is Chosen
(5) Legal Status of Its Guidelines
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