HIST 1100 Lecture Notes - Lecture 36: Alford Plea, Sixth Amendment To The United States Constitution, News
Final Notes
3/9
Current events
•FBI Vs. Apple
•cannot open a cell phone of a shooter 10 tries and it goes away
•they are trying to force apple tow work with them under the All Writs Act 1789 (must
comply with court orders) apple is fighting it
Georgia’s in Jury
•Grand Jury
•meet for a long time
Petit Jury (Trial Jury)
•up to 18 months
•trying to determine what/ if criminal charges to be given
•can be involved in investigations
•used to be secret in all states
•in GA if they are investigating to indite someone the law enforcement is allowed to make a
statement to the grand jury
ACLU (American civil liberties union)
•liberal group represented the KKK in court
•klan wanted to adopt a highway in union county
•klan says denied freedom of speech GA says the sign will say we are klan county and we
support this
•will probably end up in federal court
•could have argued what the state did was arbitrary and capricious (not enough requirements
and the state decides willy nilly)
•making it a constitutional issue
Vanity Plate (on licence)
•in Ga guy wanted 4gays on their license and the state employee denied it
•the guy sued the state and the state negotiated a deal and are setting requirements for clerks to
use
JEWBAN in FL
•application submitted for a couple who was a Jew and Cuban not a bad meaning but they didn't
get the plate
SCOTUS
•unanimous opinion reversed the AL supreme court no argument heard
•chief justice of AL supreme court elected s he knows his voters and made a statue with the 10
commandments on it got sued for gov endorsement of religion
•told to remove it but refused AL bar kicked him out but he got reelected soon after
•In GA a lesbian couple insemenated on 3 occasions and partner adopted all of them. Adopted
parent took on parent responsibilities as well but when things went south birth mother took the
kids to AL and denied visitation
•gets to court in AL and AL says the adoption in GA was void
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•this case works itself to Washington and they reversed AL decision provision in the
constitution that requires states to give full faith and credit to the defendant in this case the
adoption papers
•AL also prohibited probate judges to issue marriage licenses (in GA there was a smooth
transition)
STORY (LOOK IN NOTES)
3/14
Current Events
•sheriff warren got insurance money and set up a scholarship in the criminal justice department
at ksu
•Robert shaw conducted ATL symphony despite all the odds and not having the right credentials
•nick (former student) raised $5000 to help a kid walk
•what will your legacy be?
Bill of rights
•first 10 amendments to the constitution ratified in 1791
•gentlemen's agreement to ratify constitution then add the bill of right later.
•were 130 proposed amendments
•12 went tot he states for ratification
•10 were ratified
8th Amendment
•shortest of all amendments
•excessive bail/bon prohibited (nor excessive fines imposed)
•cant get bond for breaking probation or murder
•most stuff you can get bail/very high/sometimes it can get reduced
•vary somewhat county to county
•bail:tells you how much money to get released until trial is over (judge will be a magistrate
sometimes they decide not to set bond if it is going to a superior court)
•3 ways
•1. Cash
•judge might reduce bond (what are the chances the defendant will show up in court)
•establishment to the community through (job, kids, house etc.)
•you get the bail back after your case in check form
•2. property
•not stocks or bonds or fancy things
•it is dirt or real-estate
•must be more than bond
•get a lean on proper then its off after your case
•some counties it cant be your own property
•some counties make this easy and some make it hard
•no state wide criteria (its up to the sheriff)
•some require it to be in that county others just in the state
•3. bondsman
•in jail there is a list of bondsman (insurance agents)
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•pay usually 12% of the bond federal 15%
•insurance premium
•if you don't show up to court its called a estreature. whatever you posted is gone
•bondsman can get off paying if they produce a body
•if you don't have community ties it is hard to get a bondman
•We don't have debtors prison
•delinquent child support? going to jail for not abiding by court order which happens to be
paying money
•if you cant pay because of a specific reason you go back to court to get it reduced
•same with alimony
STORY LOOK IN NOTES
•8th also says not cruel and unusual punishment
•FL guy cooked to death because of having wrong sponge
•hanging
•In colonial times 4 punishments
•1. fines
•2. public shame (stocks in public)
•scarlet letter often used
•3. Physical (ears chopped off, flawed or branding)
•4. death penalty
•jail wasn't popular because sentences were imposed directly after the case
•to avoid death penalty in England you could be shipped to the US when the US because
independent or the next place Australia
•if clergy man was defendant they could recite bible verses in public to avoid death
•if female was on death penalty they could avoid by being pregnant and plea her belly
•in England the king gave governor in each place articles on how to handle crime (laid out
sentences to impose)
•solider v solider (death)
•solider v civilian (right hand cut off)
•disgraceful words (hands and feet tied together for a month)
•lords name in vain (1st time left up to governor 2nd tongue piercing 3rd death)
•not holding preacher in high regard (3 lashes in public)
3/16
6th amendment
•in all criminal prosecutions defendant has the right to a speedy and public trail by an impartial
jury and right to be informed of nature and cause of accusation
•trials are public (majority of the time)
•know your audience
•speedy depends on where you are
•FL 179 days to be tried after arrest for a felenoy
•GA arrested for a felenoy don't have to be tried for 2 years (just to bring charges)
•ways to extend speedy trial: waiver
•doesn't show up to court
find more resources at oneclass.com
find more resources at oneclass.com
