Test Three Flashcards by Breanna Merriweather

U.S. v. Bagley 1985

The Brady rule (requiring prosecutors to disclose exculpatory evidence) also includes impeachment evidence

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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)

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Furman v. Georgia 1972

Declared the death penalty unconstitutional as it was administered arbitrarily

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Gregg v. Georgia 1976

Declared that the death penalty, when administered with a bifurcated trial & guidelines for aggravating and mitigating factors, is not unconstitutional

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What are two possible actions that begin the criminal court process?

Arrest or complaint by a citizen

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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 &amp; 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)

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What happens when you make an initial appearance?

You are informed of charges and rights and usually a bail decision is made.

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Felony vs. misdemeanor

Who enters a plea now &I who is unable to enter a plea

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Misdemeanor cases?

Signs information or complaint
Bail decisions
Read charges hear pleas

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Mapp v. Ohio 1961

The exclusionary rule applies to states; forth amendment violations’ evidence obtained are inadmissible at court

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Felony case?

Reads pending charges
Bail options
DOES NOT hear plea or determines probable cause

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What are the 5 types of bail?

Release in recognize 
Bail bond
Cash bond 
Property bond
Remand/denial of bail

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What is the 8th amendment?

Prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture

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What factors matter when determining bail?

Severity of offense
Prior record
Ties/flight risk
Desire to protect community

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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

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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

1. Opening statements 2. Prosecutors case-in-chief 3. Defenses case-in-chief 4. Rebuttal by prosecutors 5. Closing statements 6. 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