: CRJU103 Week 2 Review Questions
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Why is the Death Penalty Constitutional when, under the 8thAmendment to the U.S. Constitution the government inflicting"cruel and unusual punishment" is a violation of yourindividual rights?
A. | Under the Due Process Clause of the 5th and 14th Amendment,neither the Federal, nor the State Governments can depriveindividuals of "life,liberty, or property"without Due Process of the Law. Which implies that theycan WITH Due Process. | |
B. | The Eight Amendment guarantees the state application of crueland unusual punishment | |
C. | The Ninth Amendment's guarantee that individuals have lessrights than the state or federal government when deterring violentcriminals to protect society for the greater good. | |
D. | The Fifth Amendment's guarantee against self-incriminationprotects the government from the 8th Amendment provision | |
E. | The Death Penalty is not Constitutional |
In Gideon v. Wainwright (1963) Clarence Gideon couldnot afford - and was denied - legal representation in his casebased on the Florida statute that only afforded criminal suspectscourt appointed attorneys in capital cases. The SCOTUS ruled thatunder the 6th Amendment
A. | the U.S. Constitution does not distinguish between capital andnon-capital crimes under the 6th Amendment's protection for theindividual to "have the assistance of counsel" | |
B. | citizens have a right to privacy and Gideon's right to privacywas violated by the police | |
C. | Gideon's individual rights are subordinate to the principle ofprotecting the public for the greater good and it is thereforejustified to violate the individual liberties of citizens undercircumstances where the greater good for society is well served | |
D. | Gideon had a right to an abortion, to read Huslter magazine andsmoke marijuana | |
E. | Gideon was guilty even with legal representation |