LEARNING AID # 2--STUDY & REVIEW QUESTIONS BASED ON THE TEXTBOOK ASSIGNMENTS (Continued):

b. Equal Justice Under the Law (Continued)

    The Death Penalty and the Right to Immunity from Cruel and
    Unusual Punishment:

      (1)  What does the Eighth Amendment have to say about cruel
           and unusual punishment?  [U.S. Constitution, Eighth
           Amendment]
      (2)  In what three ways does the constitutional prohibition
           against cruel and unusual punishment limit government-
           al authority?  Cite examples.  [115]
      (3)  As regards the death penalty and cruel and unusual
           punishment, what was the ruling of the U.S. Supreme
           Court in GRAHAM V. COLLINS (1993)?  [115]

    The Criminal Justice Process:

      (1)  In the federal criminal justice process, what is a
           PRELIMINARY HEARING?  What goes on at a preliminary
           hearing?  Why is it so important that the magistrate
           make clear to the arrested person that he or she has
           the constitutional right to ASSISTANCE OF COUNSEL?
           [117]
      (2)  Where in the U.S. Constitution is the right to assis-
           tance of counsel guaranteed?  [U.S. Constitution,
           Sixth Amendment]
      (3)  To which stages of a criminal proceeding does the
           right of assistance of counsel apply?  Explain.  [117]
      (4)  Which trials are exempt from the assistance-of-counsel
           requirement?  [117]
      (5)  What is BAIL?  What is a BAIL BONDSMAN?  What does the
           Eighth Amendment have to say about bail?  [117] [Also:
           U.S. Constitution, Eighth Amendment]
      (6)  What does the Fifth Amendment have to say about in-
           dictment by a grand jury?  What is a GRAND JURY?  What
           is an INDICTMENT, or TRUE BILL?  Why is it so impor-
           tant that an indictment state clearly the nature of
           the offense with which the defendent is charged?  And
           why is it so important that copies of the indictment
           be properly served on the defendent and his lawyer?
           What is the relevance of the Sixth Amendment?  [117-
           118] [Also:  U.S. Constitution, Amendments 5 & 6]
      (7)  What is a PLEA BARGAIN?  Why do prosecutors accept
           plea bargains?  Why do defendants accept such agree-
           ments?  [118]
      (8)  Why will a judge, before accepting a guilty plea,
           question the defendant carefully and pointedly regard-
           ing the plea?  [118]
      (9)  What does the Sixth Amendment have to say about crimi-
           nal trials?  What are the rights of the accused in
           such trials?  [U.S. Constitution, Sixth Amendment]
     (10)  As regards the right of the accused to a "speedy and
           public trial," should the word "speedy" be taken lit-
           erally?  Explain.  [118]
     (11)  What is a PETIT JURY?  What is its composition?  What
           is its function?  [118]
     (12)  What is meant by an "impartial jury"?  [118]
     (13)  What are the rights of a defendent, as regards the
           presence and testimony of witnesses at his trial?
           [119] [Also:  U.S. Constitution, Sixth Amendment]
     (14)  What is the relevance of the Eighth Amendment to  sen-
           tencing?  [117 & 119] {Also:  U.S. Constitution,
           Eighth Amendment]
     (15)  What is DOUBLE JEOPARDY?  What does the Fifth Amend-
           ment have to say about double jeopardy?  What does
           double jeopardy prevent?  [119] [Also:  U.S. Constitu-
           tion, Fifth Amendment]