ADVANCED AMERICAN GOVERNMENT
CH. 20-4 PUNISHMENT
BAIL AND PREVENTATIVE
DETENTION
 BAIL
 Sum of money the accused may be required
to post as a guarantee that he or she will
appear in court at the proper time
 Use of bail is justified because:
 1) a person should not be jailed until his or her
guilt is established
 2) a defendant is better able to prepare for
trial outside of jail
 Constitution does not automatically guarantee
bail for the accused
 Stack v. Boyle (1951)—”bail set at a figure higher
than the amount reasonably calculated” … is
“excessive” under the VIIIth Amendment
 PREVENTATIVE DETENTION
 A federal judge can hold a defendant without
bail when there is good reason to believe that
he/she will commit another serious crime before
trial
CRUEL AND UNUSUAL PUNISHMENT
 VIIIth Amendment forbids “cruel and unusual
punishment” at the federal level
 XIVth Amendment provides this protection to
the states (Robinson v. California, 1962)
 Wilkerson v. Utah (1879)
 A territorial court sentenced a man to death by
firing squad for murder.
 USSC upheld the sentence
 Constitution prohibits punishments such as
burning at the stake, crucifixion, drawing and
quartering, etc.
 Most cases apply to capital punishment
 Louisiana v. Resweber (1947)
 USSC ruled it was not unconstitutional to
subject a convicted murderer to a second
electrocution after the chair failed to work
correctly the first time.
CAPITAL PUNISHMENT
 Is capital punishment cruel and usual?
 Furman v. Georgia (1972)
 Struck down all standing laws involving death
penalty
 Laws gave too much discretion to judges and
juries when applying the death sentence
 Congress and 38 states passed new laws for the
death penalty
 Most sentences involved killing a police officer or
murder with committing another felony (rape,
etc.)
 USSC ruled against mandatory death penalty
laws
 Death penalty can only be used in crimes
involving death of the victim
 Mentally challenged people or those under 18
cannot be sentenced to death
 Jury that convicted the defendant must
decide the death penalty question
TREASON
 Treason against the United States is the only
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crime defined in the Constitution.
1) “levying war against the Unites States”
2) “adhering to their Enemies, giving them
aid and comfort”
Article III, Section 3
No person can be convicted of the crime “
unless on the Testimony of two Witnesses to
the same overt act, or on Confession in open
Court.”
 Death is the penalty but no one has ever been
convicted of the crime
 Espionage or sabotage, to attempt to
overthrow the government by force, or to
conspire to do any of these things.
 Most state constitutions provide penalties for
treason
 THE END