Test Three Flashcards
U.S. v. Bagley 1985
The Brady rule (requiring prosecutors to disclose exculpatory evidence) also includes impeachment evidence
Boykin v. Alabama 1969
Plea bargaining: a judge needs to determine that the plea was entered knowingly and voluntary. This means they are aware of the rights they are giving up (6th amendment of trial by jury, presumption of innocence & confrontation of witnesses)
Furman v. Georgia 1972
Declared the death penalty unconstitutional as it was administered arbitrarily
Gregg v. Georgia 1976
Declared that the death penalty, when administered with a bifurcated trial & guidelines for aggravating and mitigating factors, is not unconstitutional
What are two possible actions that begin the criminal court process?
Arrest or complaint by a citizen
What are the 4 office policies?
Legal sufficiency(level of proof needed; leads to high rate of dismissals) Trial sufficiency(level of proof needed; few charged & high rates of convictions) System efficiency(goal: deal with cases fast so divert or plea) Defendant rehabilitation(goal: treat defendants underlying needs, much more pre-trial diversion)
What happens when you make an initial appearance?
You are informed of charges and rights and usually a bail decision is made.
Felony vs. misdemeanor
Who enters a plea now &I who is unable to enter a plea
Misdemeanor cases?
Signs information or complaint
Bail decisions
Read charges hear pleas
Mapp v. Ohio 1961
The exclusionary rule applies to states; forth amendment violations’ evidence obtained are inadmissible at court
Felony case?
Reads pending charges
Bail options
DOES NOT hear plea or determines probable cause
What are the 5 types of bail?
Release in recognize Bail bond Cash bond Property bond Remand/denial of bail
What is the 8th amendment?
Prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture
What factors matter when determining bail?
Severity of offense
Prior record
Ties/flight risk
Desire to protect community
If you don’t abide by bail conditions such as test dirty contact witness etc. what can happen?
Higher bail set, additional sanctions/conditions of bail, additional charges
What are the 3 main routes of formally charging defendants?
Criminal complaint - misdemeanors
Information- felonies (followed by preliminary hearing)
Indictment - felonies (from grand jury hearing)
Preliminary hearing
Preliminary is a open case, adversarial, a Judge determines probable cause, defendant must be present and can have attorney
Grand jury hearing
Closed case, no adversarial, grand jury determined guilt
Types of pleas and what they mean
Not guilty
Guilty-allocates to the crime
Nolo contendere - no allocation
Alford plea- guilty but maintains inoocence
What is the purpose of pre-trial hearings?
To set the boundaries of the case
What must a prosecutor disclose?
Agreements with witnesses, exculpatory evidence, etc.
Exculpatory evidence
Evidence that favors the defense that exonerates the defendant of guilt
Inculpatory evidence
Tends to prove guilt, works in the prosecutor favor
Motion to suppress evidence
It’s goal is to not to admit evidence into trial
Exclusionary rule
Using evidence that wasn’t warrant and can be admissible in court
Exceptions to the exclusionary rule
Standing, good faith, inevitable discovery (what they are)
Fruit of the poisonous tree
Describes evidence that is obtained illegally. The “tree” of the evidence or evidence itself is tainted, then anything gained the “fruit” from it is tainted as well
4 forms of plea bargaining
Charge reduction
Count reduction
Sentence recommendations
Ad hoc bargaining
The steps to jury trial
- Opening statements
- Prosecutors case-in-chief
- Defenses case-in-chief
- Rebuttal by prosecutors
- Closing statements
- Jury instructions
Opening statements include
Preview of evidence. Convincing statement, overview of what to expect, emotional appeal
Does NOT include actual evidence being presented
The purpose of opening statements
Preview of case by each side, set the tone and attempt to frame the rest of the trial through a particular “lens”
Closing arguments include
Summary case, statement of how/why to vote, emotional appeal
Does NOT include inflammatory remarks (of defendant victim, opposing counsel etc) introducing evidence or inadmissible evidence
The purpose of a closing argument
Help jury remember the case-in-chief, last word
Liberation hypothesis
The view that racial discrimination in sentencing is more likely for defendants convicted of minor offenses rather than for those convicted of serious offenses
Hung jury
When a jury can not come up with a verdict after a long deliberation. Unable to change the votes of one another,
5 major philosophies of punishment
Retribution: just desserts, “and eye for an eye” punishment proportional, looks backward
Deterrence: 3 components, looks forward, general vs. specific
Rehabilitation: belief in cause of crime & treatment, looks forward
Incapacitation: looks forward, isolate habitual offenders
Restoration: sentencing circles, repair harm to community & victim
What kinds of questions can be raised in an appeal?
Constitutional and procedural law
NOT new evidence to claim innocence
