chap 12 short answer

Question 1

Identify & Define the 2 prongs of the USSC’s test of “effective” counsel adopted in Strickland v. Washington

Answer 1

reasonable prong: defendants have to prove their lawyers performance wasn’t reasonably competent.
prejudice prong : defendants have to prove their lawyers incompetence was probably responsible for their conviction.

Question 2

Identify & Describe 3 constitutional rights our bail system denies to poor defendants

Answer 2

Due process of law: can’t help with their own defense if locked up.
Equal protection: if they’re simply in jail because they can not afford to bond out.
Right against excessive bail: because they can’t raise any amount required.

Question 3

List and Describe the differences between testing the government’s case by grand jury review and by preliminary hearing

Answer 3

Preliminary hearing is secret whereas a grand jury review is private. preliminary hearing tests both government and defense cases and is a adversarial proceeding a grand jury only hears the government’s case. A judge presides in a preliminary hearing and a prosecutor presides in a grand jury. The judge decides whether the governments case passes the test in a preliminary hearing and the grand jurors decide in the grand jury