Midterm

Question 1

Due Process- Amendement(s)

Answer 1

5th and 14th

Question 2

Which amendment applies the fifth amendment to the states?

Answer 2

14th

Question 3

Fifth amendment

Answer 3

Bars the federal gov’t from depriving anyone of life, liberty, and property without due process

Question 4

Hurtado v. California

Answer 4

The state is not required to hold a grand jury for a serious crime in a state court to satisfy due process

Question 5

Hamdi

Answer 5

Due Process guarantees that US Citizens held in the US as enemy combatants must be given meaningful opportunity to contest factual basis in front of neutral decision maker

Question 6

Sixth Amendment

Answer 6

Right to counsel; speedy trial; etc.

Question 7

Gideon

Answer 7

The 14th amendment incorporates the Sixth Amendment right to counsel to the states.

Question 8

Special Circumstances Rule

Answer 8

Effective assistance, or an adequate opportunity to obtain it must be provided in capital cases if defendant are unable to represent themselves adequately.

Question 9

Argersinger v. Hamlin

Answer 9

Decided that right to court-appointed counsel extends past non-petty offenses and included them.

Question 10

Alabama v. Shelton

Answer 10

Broadens Gideon- The right to counsel extends to defendants that have a suspended sentence which could lead to imprisonment.

Question 11

When does right to counsel begin?

Answer 11

A formal charge must have happened. It can’t just be under investigation. When a defendant becomes the subject of “adversarial judicial criminal proceedings– whether by way of formal charge, preliminary hearing, indictment, information or arraignment.

Question 12

When does right to counsel end?

Answer 12

Whether or not the event is a critical stage in the proceedings.

Question 13

What is a critical stage in the criminal proceedings?

Answer 13

Where the presence of counsel is required to protect the rights of the defendant.

Question 14

Right to counsel at identification

Answer 14

Kirby case- Police may conduct an identification outside the presence of counsel before a suspect has been formally charged with a crime

Question 15

Right to counsel for photo arrays

Answer 15

The Sixth right to counsel does not apply to photo arrays.

Question 16

When does right to counsel end

Answer 16

The right to counsel ends at the final determination by the TRIAL judge of the sentence imposed. The state is required to appoint counsel for an indigent defendant’s first-tier appeal as of right.

Question 17

Rothgery case

Answer 17

Attachment of counsel occurs when the gov’t has used the judicial machinery to signal a commitment to prosecute.

Question 18

Effective assistance stand or justice:

Answer 18

Counsel must posses and exercise the legal competence found in the jx.

Question 19

Strickland: what is it about

Answer 19

effective assistance.

Question 20

Establishing ineffective assistance:

Answer 20

A convicted defendant must show that his counsel’s performance was deficient bc the lawyer did not act as a reasonably competent attorney, and that he was prejudiced by the deficient.

Question 21

Standard of cause for ineffective assistance

Answer 21

but for. Strickland

Question 22

Fourth Amendment

Answer 22

Rights against searches and seizures

Question 23

Exclusionary rule

Answer 23

Excludes or suppresses evidence in a criminal proceeding where that evidence was in violation of an individuals constitutional rights.

Question 24

Mapp v. Ohio

Answer 24

Applies fourth to the states with unreasonable searches

Question 25

TF: The exclusionary rule does not apply to the states

Answer 25

FALSE. MAPP V. OHIO APPLIED IT TO THE STATES. Before Mapp it did not.

Question 26

Katz

Answer 26

Requires that there is a reasonable expectation of privacy. If the defendant had a reasonable expectation of privacy a warrant was needed.

Question 27

Aerial observation:

Answer 27

Aerial observation of an area within the curtialge of a home is not a search requiring a warrant.

Question 28

Open field doctrine

Answer 28

The area surrounding the home where reasonable privacy expectations receive fourth amendment protection. Outside of the curtilage of the home does not require a warrant.

Question 29

Curtilage of the home

Answer 29

Where a reasonable expectation of privacy exists. The fourth protects here.

Question 30

Drug dogs rule from Jardines

Answer 30

A drug-sniffing dog on a porch to investigate the contents of a home is a search. If there is a reasonable expectation of privacy the fourth kicks in. This was the curtilage.

Question 31

Undercover agent: White case

Answer 31

The fourth does not protect from misplaced expectations of trust. If the person speaks to an agent they assumed the risk.

Question 32

Trash: Greenwood

Answer 32

Warrantless search of trash left outside does not violation fourth. No reasonable expectation of privacy.

Question 33

GPS tracking: Jones

Answer 33

Warrantless placement of a GPS tracking device on a car is unlawful search

Question 34

Cell phone location records

Answer 34

An individual maintains a legit expectation of privacy in the record of the physical movements as captured by cell site locations.

Question 35

How far does the right to counsel go? Offenses.

Answer 35

Past non-petty offenses. Basically any criminal case.