Final Exam Flashcards

Pretrial Motions / Right to Jury Trial / Capital Punishment

1
Q

Blockburger v. US

A

Established a test of whether offenses qualify for double jeapordy; whether each requires evidence the other does not.

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2
Q

Gamble v. US

A

Dual sovereignty doctrine allows for indiivudal to be prosecuted by state and federal government; two laws, two offenses, no double jeapordy.

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3
Q

Brady v. MD

A

Prosecution must disclose exculpatory evidence that is relevant to the innocence/guilt/sentence of the accused.

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4
Q

Duncan v. LA

A

Right to a jury trial in all serious criminal cases.

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5
Q

Ramos v. LA

A

Unanimous jury verdict required; incorporated against the states under 14A.

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6
Q

NC v. Alford

A

Individual may plea guilty while maintaining innocence to avoid a worse sentence.

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7
Q

Baze v. Rees

A

Lethal injection is not a cruel or unusual punishment; there must be an “objectively intolerable risk of harm” and a “feasible, readily implemented” alternative.

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8
Q

Glossip v. Gross

A

Upheld the use of midazolam to administer lethal injection; no reasonable alternatives with lower risk of pain.

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9
Q

Gregg v. Georgia

A

Jury must find “aggravating circumstances” to impose the death penalty; verdict must be reviewed by the State Court.

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10
Q

Kennedy v. LA

A

No death penalty for the rape of a minor; there is a “national consensus” against the death penalty in non-murder cases.

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11
Q

Roper v. Simmons

A

Execution of minors violates “contemporary standards of decency;” overwhelming national consensus.

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12
Q

Atkins v. VA

A

Execution of individuals with intellectual disabilites violates “contemporary standards of decency.”

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13
Q

Ewing v. CA

A

California “three strikes” law is not cruel or unusual; Public safety interest, deferral to legislature with mandated sentences for repeat offenders.

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14
Q

Graham v. FL

A

Juveniles cannot recieve life sentence for non-homicidal crimes; refers to Atkins/Roper/Kennedy, “societal standards.”

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15
Q

Miller v. AL

A

No mandatory life sentences for juvenile offenders; the Court favored an individalized approach to sentencing.

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