L3 Sentence completion exercises: Correction

The Fifth Amendment 

Exercise 2, p. 83 (booklet): Sentence completion

1.  Once a defendant has been acquitted, he/she cannot normally be tried a second time for the same offence, as that would violate the constitutional protection against double jeopardy found in Amendment V. [26 words]

2.  When a defendant appeals his/her conviction, there may be a second trial, and since it is the defendant himself/herself that requests further proceedings, there is no automatic protection against double jeopardy. [25 words]

3.  A sentence may be unconstitutional if, for example, it imposes very heavy punishment for recidivism, but double jeopardy protection does not always apply, and the particular circumstances of a case determine the court's ruling. [28 words]

4.  A defendant has a right to silence unless he/she voluntarily testifies as a witness; if so, he/she partially waives the right and cannot refuse to answer the prosecution's questions on the subject of the defense testimony. [28 words]

5.  Through Miranda v. Arizona, it was ruled that the police are obliged to inform an arrested subject of his/her Fifth and Sixth Amendment protections, namely, right to silence and right to counsel, before interrogation. [30 words]

The Sixth Amendment 

Exercise  2, p. 91 (booklet): Sentence completion

1- Whereas the role of a Grand Jury  is to issue an indictment, the trial jury’s duty is to reach a verdict.

2. Pursuant to the Confrontation Clause,  the defendant in a criminal trial has the right to cross-examine witnesses giving evidence against him/her.

3. Although a public trial  guarantees that everybody has the opportunity to attend the proceedings, there can be exception to that fundamental requirement, such as secrecy in sexual abuse cases or when the defendant’s right to a fair trial is likely to be violated.

4. The unanimity rule is not a constitutional requirement for state juries, except if it is composed of six people.

The Eighth Amendment

Exercise 3, p. 101 (booklet): Sentence completion

 1. Whereas burning at the stake is considered as a cruel and unusual punishment, in a few states execution by a firing squad or the gas chamber is not/accepted as a form of punishment.

 2. A capital trial refers to a trial in which the defendant risks being sentenced to death if he/she is found guilty.

 3. Despite the 8th  Amendment banning cruel and unusual punishment, the death penalty is still on statute books/used as punishment in 32 states.

 4. Deterrence means dissuasion and is one of the advantages of the death penalty, according to its proponents.

 5. On top of protecting the defendant before trial, the 8th Amendment protects him/her after trail with the prohibition of excessive bail and of cruel and unusual punishment.