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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