Fluent Essays

attached Midterm Exam Fall  2021 You are required to answer all questions in your own words to the best of your ability without plagiarizing. Your answers must be detailed, qualifying your knowledge of the course materials. Questions and answers must be typed, and the answers must include page numbers. The midterm exam must be double spaced with 12-point font (Times New Roman). The midterm exam will be open Thursday, 10/14/2021 at 11:59 pm and you must submit the midterm exam into Blackboard Learn by Sunday, 10/17/2021 at 11:59 pm.      Chapter 1 1. Why is the Constitution considered a living document? 2. Why should the Bill of Rights not have been left up to each state to develop its own? 3. Does Pluralism have negative aspects? Why have some fought so hard against the concept in the United States   Chapter 2 4. Could a country such as the United States function without a federal constitution? Would it be possible for each state to merely abide by its own Constitution or conflict theory? 5. Which underlying theory about the purpose of law do you feel makes the most sense, consensus or conflict theory? 6. Which operational end of the spectrum do you think our current criminal justice system is positioned closer to due process or crime control? Why?   Chapter 3 7. Explain where you see the real power of Supreme Court.  What makes the Justices so powerful as individuals as a group? 8. If you were sitting on the Supreme Court, what sorts of cases would you like to review? 9. Do you think the Supreme Court is a de facto lawmaker? Why or Why not?   Chapter 4 10. Why was the Fourteenth Amendment necessary? 11. Why has the entire Bill of Rights not been embraced by the Fourteenth Amendment? 12. What are your views on the immigration issue?   Chapter 5 13. Discuss whether Nazi Germany could have gone as far as it did if a similar First Amendment had been present in Germany. 14. Is the First Amendment the most necessary? 15. Speaking from a historical perspective, why do you think the framers of the Constitution placed so much importance on the First Amendment?   Chapter 6 16. Does the Brady Act serve as a legitimate function? 17. Does regulating handguns but not rifles and shotguns make sense? 18. Rewrite the Second Amendment as though you were asked to address contemporary concerns  (Continued) Characteristics of Presidential Appointees to the United States Supreme Court by Presidential Administration, 1930–2014 Number of Years Presidential Administration Age at of Previous and Justice Political Party Home State Years on Court Nomination Judicial Experience Hoover appointees Charles E. Hughes Republican New York 1930–1941 67 0 Owens J. Roberts Republican Pennsylvania 1930–1945 55 0 Benjamin N. Cardozo Democrat New York 1932–1938a 61 18 F. Roosevelt appointees Hugo L. Black Democrat Alabama 1937–1971a 51 1.5 Stanley F. Reed Democrat Kentucky 1938–1957 53 0 Felix Frankfurter Independent Massachusetts 1939–1962 56 0 William O. Douglas Democrat Connecticut 1939–1975 40 0 Frank Murphy Democrat Michigan 1940–1949a 49 7 James F. Byrnes Democrat South Carolina 1941–1942 62 0 Harlan Fiske Stone Republican New York 1941–1946a 68 0b Robert H. Jackson Democrat New York 1941–1954a 49 0 Wiley B. Rutledge Democrat Iowa 1943–1949a 48 4 Truman appointees Harold H. Burton Republican Ohio 1945–1958 57 0 Fred M. Vinson Democrat Kentucky 1946–1953a 56 5 Tom C. Clark Democrat Texas 1949–1967 49 0 Sherman Minton Democrat Indiana 1949–1956 58 8 Eisenhower appointees Earl Warren Republican California 1953–1969 62 0 John M. Harlan Republican New York 1955–1971 55 1 William J. Brennan Democrat New Jersey 1956–1990 50 7 Charles E. Whittaker Republican Missouri 1957–1962 56 3 Potter Stewart Republican Ohio 1958–1981 43 4 Kennedy appointees Byron R. White Democrat Colorado 1962–1993 44 0 Arthur J. Goldberg Democrat Illinois 1962–1965 54 0 Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Number of Years Presidential Administration Age at of Previous and Justice Political Party Home State Years on Court Nomination Judicial Experience Johnson appointees Abe Fortas Democrat Tennessee 1965–1969 55 0 Thurgood Marshall Democrat New York 1967–1991 59 4 Nixon appointees Warren E. Burger Republican Minnesota 1969–1986 61 13 Harry A. Blackmun Republican Minnesota 1970–1994 61 11 Lewis F. Powell Jr. Democrat Virginia 1971–1987 64 0 William H. Rehnquist Republican Arizona 1971–1986 47 0 Ford appointee John Paul Stevens Republican Illinois 1976–2010 55 5 Reagan appointees Sandra Day O’Connor Republican Arizona 1981–2006 51 6.5 Antonin Scalia Republican Illinois 1986–present 50 4 Anthony Kennedy Republican California 1988–present 51 12 George H.W. Bush appointees David H. Souter Republican New Hampshire 1990–2009 50 13 Clarence Thomas Republican Georgia 1991–present 43 1 Clinton appointees Ruth Bader Ginsburg Democrat New York 1993–present 60 13 Stephen G. Breyer Democrat Massachusetts 1994–present 56 14 George W. Bush appointees John Robertsc Republican New York 2005–present 50 2 Samuel Alito Republican New Jersey 2006–present 56 16 Obama appointees Sonia Sotomayor Independent New York 2009–present 55 17 Elena Kagan Democrat New York 2010–present 50 0 aDied in office. bPrior to appointment to associate justice. cAppointed Chief Justice in 2006 by George W. Bush. Source: Harold W. Stanley and Richard G. Niemi. Vital Statistics on American Politics. Washington, DC: CQ Press, 1994, pp.294–299. Table adapted by SOURCEBOOK staff. Reprinted by permission. Updated by the authors. Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. J. Scott Harr, JD Concordia University, Saint Paul Kären M. Hess, PhD Normandale Community College Christine H. Orthmann, M.S. Orthmann Writing and Research Jon Kingsbury, JD Lieutenant, Minneapolis (MN) Police Department Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Constitutional Law and the Criminal Justice System S I X T H E D I T I O N iStockphoto/Thinkstock 57963_fm_ptg01_hr_i-xxiv.indd i57963_fm_ptg01_hr_i-xxiv.indd i 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 57963_fm_ptg01_hr_i-xxiv.indd iv57963_fm_ptg01_hr_i-xxiv.indd iv 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. 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Further permissions questions can be e-mailed to [email protected] 57963_fm_ptg01_hr_i-xxiv.indd ii57963_fm_ptg01_hr_i-xxiv.indd ii 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. WCN: 02-200-202 iii 1 A Historical Overview 3 2 An Overview of the U.S. Legal System 29 3 The U.S. Supreme Court: The Final Word 57 4 Equal Protection under the Law: Balancing Individual, State, and Federal Rights 76 5 The First Amendment: Basic Freedoms 121 6 The Second Amendment: The Gun Control Controversy 166 7 The Fourth Amendment: An Overview of Constitutional Searches and Seizures 195 8 Conducting Constitutional Seizures 233 9 Conducting Constitutional Searches 273 10 The Fifth Amendment: Obtaining Information Legally 333 11 The Sixth Amendment: Right to Counsel and a Fair Trial 376 12 The Eighth Amendment: Bail, Fines, and Punishment 408 13 The Remaining Amendments and a Return to the Constitution 435 Brief Contents Epilogue 451 Appendix A The U.S. Constitution and Amendments 454 Appendix B Reading Legal Citations 467 Appendix C Briefs of Marbury and Miranda 468 Appendix D Shepardizing a Case 470 Appendix E Legal Research 471 Glossary 475 Case Index 483 Authors Index 487 Subject Index 489 iStockphoto/Thinkstock 57963_fm_ptg01_hr_i-xxiv.indd iii57963_fm_ptg01_hr_i-xxiv.indd iii 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 57963_fm_ptg01_hr_i-xxiv.indd iv57963_fm_ptg01_hr_i-xxiv.indd iv 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. v About the Authors xv Preface xvii Acknowledgments xxiv SECTION I A Foundation for Understanding Constitutional Law Prologue 1 1 A Historical Overview 3 Introduction 4 Where It All Began 5 Contributions from the Past 5 Development of the United States of!America 7 Colonial Dissension Grows 7 The First Continental Congress 9 The Tension Mounts 9 The Revolution Begins 10 The Second Continental Congress 10 The Declaration of Independence 10 What It Cost the Signers 11 The Articles of Confederation 11 The Influence of the Magna Carta 13 The 1787 Convention of Delegates: A Move toward the Constitution 13 The Constitution Takes Shape 14 The Issue of Slavery 15 Drafting the Constitution 15 The Constitution of the United States: An Overview 16 Article 1: The Legislative Branch 16 Article 2: The Executive Branch 17 Article 3: The Judicial Branch 18 Article 4: Other Provisions 18 Article 5: The Amendment Process 18 Article 6: The Constitution as the Supreme Law 19 The Signing of the Constitution 19 Ratification 20 A Balance Is Struck with the Bill of Rights 21 The Bill of Rights: An Overview 22 A Living Law 25 A Nearly Timeless Document 25 Where the Declaration of Independence, U.S. Constitution, and Bill of Rights Are Today 26 Contents iStockphoto/Thinkstock 57963_fm_ptg01_hr_i-xxiv.indd v57963_fm_ptg01_hr_i-xxiv.indd v 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. vi Contents Summary 27 Discussion Questions 28 References 28 Cases Cited 28 2 An Overview of the U.S. Legal System 29 Introduction 31 Theories about and the Purpose of the Legal System 31 Purpose of Law: Consensus Theory versus Conflict Theory 31 The Purpose of the Criminal Justice System: Crime Control versus Due Process 32 The Challenge: Balancing Individual and Societal Rights 34 The Law Defined 35 Development of the Law 35 The Continuing Need for Law 36 U.S. Law Lives 36 Categorizing Law 37 Who? (Jurisdiction) 37 How? (Procedural) 38 What? (Criminal or Civil) 38 Researching the Law 40 Sources of Information about the Law 40 Reading Legal Citations 41 Reading Case Law 41 Briefing a Case 42 Shepardizing 43 The Court System 43 The State Court System 45 The Federal Court System 47 Officers of the Court 48 An Adversarial Judicial System 49 Doctrines Governing What Cases Will Be!Heard 49 Standing 49 Mootness 50 Ripeness 50 The Components of the U.S. Legal System: The Big Picture 51 The Juvenile Justice System 51 The Changing Face of American Criminal Justice and Constitutional Law 53 U.S. Criminal Justice beyond Our Borders 53 Summary 55 Discussion Questions 55 References 56 Cases Cited 56 3 The U.S. Supreme Court: The Final Word 57 Introduction 58 Authority for the Supreme Court 59 57963_fm_ptg01_hr_i-xxiv.indd vi57963_fm_ptg01_hr_i-xxiv.indd vi 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents vii Jurisdiction of the Supreme Court 59 Judicial Review 62 Controversy over and Alternatives to Judicial Review 63 Certiorari: Deciding Which Cases to Hear 64 The Supreme Court Justices 65 The Current Supreme Court 67 Politics and the Supreme Court 68 Public Attitudes toward the Supreme Court 70 Traditions and Procedures 70 Opinions 71 Interpretations 72 Where Supreme Court Decisions May Be Found 72 The Power of the Supreme Court 73 Summary 74 Discussion Questions 74 References 74 Cases Cited 75 SECTION II The Guarantees of the Constitution: Civil Rights and Civil Liberties 4 Equal Protection under the Law: Balancing Individual, State, and Federal Rights 76 Introduction 77 The Thirteenth Amendment 78 The Fourteenth Amendment 80 Due Process 81 Enumerated Rights and Incorporation 81 Procedural Due Process 83 Substantive Due Process 84 Due Process and Privacy Rights 87 Discrimination versus Prejudice 92 The Roots of Racial Discrimination 92 The Struggle for Equality 93 The Rise of Affirmative Action Programs 94 Reverse Discrimination 97 Racial and Gender Equality in the Twenty-First Century 98 Other Forms of Discrimination 98 The Immigration Issue 100 Equal Protection in the Criminal Justice System 106 Discrimination in Law Enforcement 107 Discrimination in the Courts 109 Discrimination in Corrections 111 A Check on Federal Power 113 Federalism Revisited 114 The Public Safety Employer-Employee Cooperation Act of 2009 114 57963_fm_ptg01_hr_i-xxiv.indd vii57963_fm_ptg01_hr_i-xxiv.indd vii 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. viii Contents Summary 117 Discussion Questions 117 References 118 Cases Cited 119 5 The First Amendment: Basic Freedoms 121 Introduction 122 Freedom of Religion 124 The Establishment Clause 125 The Free Exercise Clause 128 Interpretations 131 Freedom of Speech 132 Symbolic Expression 135 Restrictions on Freedom of Speech 139 First Amendment Expression Rights of Public Employees 147 Freedom of Speech and the Internet 150 The Right to Photograph 151 Freedom of the Press 152 Balancing Freedom of the Press with the Right to a Fair Trial 154 The Effect of Media Coverage on Criminal Investigations 157 The Right to Peaceful Assembly 157 Freedom of Association 158 First Amendment Rights of Prisoners 160 Summary 163 Discussion Questions 163 References 163 Cases Cited 164 6 The Second Amendment: The Gun Control Controversy 166 Introduction 167 Historical Background 168 The Debate: Interpreting the Second Amendment 168 Modern-Day Militias in the United States 168 Balancing Individual and States’ Rights 170 Early Case Law Regarding the Second Amendment: A Slow Start 171 A Shift in Interpretation: The Heller Decision 172 Incorporation of the Second Amendment 173 Variation in State and Local Gun Laws 174 Concealed Carry Laws 175 Castle Laws 176 Restrictions on Types of Firearms 178 Federal Regulation and the Second Amendment 182 The Brady Act 183 The Violent Crime Control and Law Enforcement Act of 1994 184 57963_fm_ptg01_hr_i-xxiv.indd viii57963_fm_ptg01_hr_i-xxiv.indd viii 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents ix The Law Enforcement Officers Safety Act 185 Other Proposed Federal Legislation 185 Guns, Crime, and Violence 186 Cases Governing Police Response to Gun Possession Reports 188 The Current Gun Control Debate 189 In Opposition to Gun Control 189 In Support of Gun Control 189 Gun Control as a Political Issue 190 Finding Common Ground—Is a Compromise Possible? 190 Summary 192 Discussion Questions 192 References 193 Cases Cited 194 SECTION III The Fourth Amendment: Governing Constitutional Searches and Seizures 7 The Fourth Amendment: An Overview of Constitutional Searches and Seizures 195 Introduction 197 The Importance of the Fourth Amendment to Law Enforcement 200 Who Is Regulated by the Fourth Amendment? 201 The Clauses of the Fourth Amendment 203 Two Interpretations 203 Reasonableness 204 Probable Cause 205 Sources of Probable Cause 206 Search and Arrest Warrants 208 Knock-and-Announce Rule 209 Special Conditions 211 Executing the Warrant 211 The Continuum of Contacts 212 The Law of Stop and Frisk 214 Basic Definitions 214 Terry v. Ohio 215 Consequences of Fourth Amendment Violations 217 The Exclusionary Rule 217 Exceptions to the Exclusionary Rule 222 Internal Sanctions, Civil Liability, and Criminal Liability 228 A Final Consideration: When State Law Conflicts with Constitutional Law 229 Summary 231 Discussion Questions 231 References 232 Cases Cited 232 57963_fm_ptg01_hr_i-xxiv.indd ix57963_fm_ptg01_hr_i-xxiv.indd ix 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. x Contents 8 Conducting Constitutional Seizures 233 Introduction 234 Intensity and Scope of a Seizure: Stop and Arrest Compared 235 Investigatory Stops 237 Establishing Reasonable Suspicion 237 Length of the Stop 240 Protective Actions during Stops 241 The Controversy over Pedestrian Stops 241 Traffic Stops 242 Roadblocks and Checkpoints 248 Stops at International Borders 249 Arrests: An Overview 250 When Arrests May Be Lawfully Made 251 Warrantless Arrests for Crimes Committed in the Presence of an Officer 251 Warrantless Arrests Based on Probable Cause 252 Arrests with a Warrant 253 Where Arrests May Be Made 253 An Arrest or Not? De Facto Arrests 254 The Knock-and-Announce Rule Revisited 255 Community Caretaking Doctrine 255 Escalating Events 255 Pursuit 257 Use of Force 259 What Is Reasonable Force? 260 Use of Less-Lethal Force 262 The Use of TASERs 264 Use of Deadly Force 266 Citizen’s Arrest 268 Immunity from Arrest 269 Summary 270 Discussion Questions 270 References 271 Cases Cited 272 9 Conducting Constitutional Searches 273 Introduction 274 Tenets of Fourth Amendment Search Analysis 275 The Scope of Searches 277 Searches with a Warrant 278 Executing the Warrant 280 Conducting the Search 282 Searches without a Warrant 283 Searches with Consent 284 Frisks 287 Plain Feel and Plain Touch 289 Plain View Evidence 290 57963_fm_ptg01_hr_i-xxiv.indd x57963_fm_ptg01_hr_i-xxiv.indd x 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents xi Searches Incident to Lawful Arrest 292 The Automobile Exception 300 Exigent Circumstances 303 Open Fields, Abandoned Property, and Public Places 307 Border Searches 314 Special Needs Searches 317 Administrative Searches 317 Public School Searches 318 Prison, Probation, and Parole Searches 319 Searches of Public Employee Work Areas 322 Electronic Surveillance, Privacy Interests, and the Fourth Amendment 323 The Electronic Communications Privacy Act 326 Balancing Security Concerns with Privacy Interests 328 Summary 329 Discussion Questions 330 References 330 Cases Cited 330 SECTION IV Due Process: The Fifth, Sixth, and Eighth Amendments 10 The Fifth Amendment: Obtaining Information Legally 333 Introduction 334 Government’s Need to Know 336 The Right against Self-Incrimination 336 Due Process of Law 337 The Fifth Amendment and Confessions 338 Voluntariness of Confessions 338 A Standard for Voluntariness 341 False Confessions 341 Miranda v. Arizona 342 The Case 342 The Miranda Warning 343 The Wording 343 Premature Miranda Warnings 345 When the Miranda Warning Must Be Given 345 Waiving and Invoking the Rights 349 Beachheading or “Question First” 354 Miranda Survives a Challenge—Dickerson v. United States 356 Miranda, the Right against Self-Incrimination, and Impeached Testimony 357 Miranda Issues Continue 358 When Miranda Warnings Generally Are Not Required 358 The Public Safety Exception 359 Consequences of a Miranda Violation 363 Fifth Amendment Miranda Implications of Using Informants 363 57963_fm_ptg01_hr_i-xxiv.indd xi57963_fm_ptg01_hr_i-xxiv.indd xi 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. xii Contents Entrapment 363 Other Rights Guaranteed by the Fifth Amendment 365 The Right to a Grand Jury 365 Double Jeopardy 367 Just Compensation 368 Fifth Amendment and Corrections 368 USA PATRIOT Act 369 Elements of the USA PATRIOT Act 370 The Renewal of the USA PATRIOT Act 371 The USA PATRIOT Act and a Changing Society 372 Summary 373 Discussion Questions 373 References 374 Cases Cited 374 11 The Sixth Amendment: Right to Counsel and a Fair Trial 376 Introduction 378 Speedy and Public Trial 378 Where the Trial Is Held 380 An Impartial Jury 380 Jury Nullification 382 Being Informed of the Accusation 383 The Right to Confront Witnesses 383 Compulsory Process 384 Right to Counsel 385 The Role of Counsel 385 Development of the Right to Counsel 386 Current Developments 389 Right to Counsel at Critical Stages of Criminal Proceedings 389 Critical Stages during the Criminal Investigation 390 Rights during Identification 392 Critical Stages at Hearings, Trials, and Appeals 395 The Presumption of Effective Counsel 400 Waiver of Sixth Amendment Right to Legal Counsel 402 The Right to Act as One’s Own Counsel 402 Juveniles and the Sixth Amendment 404 The Sixth Amendment and Corrections 404 Summary 405 Discussion Questions 405 References 406 Cases Cited 406 12 The Eighth Amendment: Bail, Fines, and Punishment 408 Introduction 409 A Brief History of Punishment 410 Bail 411 57963_fm_ptg01_hr_i-xxiv.indd xii57963_fm_ptg01_hr_i-xxiv.indd xii 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents xiii The Evolution of Legislation and Case Law on Bail 411 The Bail Reform Act of 1966 411 The Bail Reform Act of 1984 412 Fines 414 Asset Forfeiture and the Prohibition against Excessive Fines 415 Cruel and Unusual Punishment 416 Punishment Options 420 Physical Forms of Punishment 421 Capital Punishment 423 Is Capital Punishment Cruel and Unusual? 423 Are Lengthy Delays in Execution Cruel and Unusual? 425 Who Can Be Executed? 426 Appeals 428 Costs of the Death Penalty 428 Juries and Capital Punishment Cases 428 Continuing Controversy 429 The Eighth Amendment and Corrections 430 Prisoner Treatment and the Eighth Amendment 431 Summary 433 Discussion Questions 433 References 434 Cases Cited 434 SECTION V Coming Full Circle 13 The Remaining Amendments and a Return to the Constitution 435 Introduction 436 The Remaining Amendments to the Bill of Rights 437 The Third Amendment 437 The Seventh Amendment 437 The Ninth Amendment 438 The Tenth Amendment 440 Amendments beyond the Bill of Rights 443 The Eleventh Amendment (1795) 443 The Thirteenth Amendment (1865) 443 The Fourteenth Amendment (1868) 443 Amendments Related to Elections and Structure of Congress 444 Voting Rights 446 Taxes 447 Prohibition 447 Attempts at Other Amendments 447 Summary 449 Discussion Questions 449 References 449 Cases Cited 450 57963_fm_ptg01_hr_i-xxiv.indd xiii57963_fm_ptg01_hr_i-xxiv.indd xiii 08/10/13 12:30 PM08/10/13 12:30 PM Copyright 201� Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if …