Term
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Definition
| A group of 9 black teenage boys were accused and convicted for raping two white women. Their lawyer only defended a couple of them and did not do his job well. The case was thrown out based on a violation of the defendants "due process" (totality of circumstance made it unfair, capital case, young an illiterate, black in jim crow south, ineffective counsel, and not all defendants were represented) |
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Term
| Totality of Circumstances |
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Definition
| A test originally formulated to evaluate whether a defendant’s constitutional rights were violated in the eliciting of a confession. It concentrates on looking at all the circumstances surrounding the alleged violation rather than only one or two aspects, as had been the case before. It had been used as a measure of whether a defendantÂ’s privilege against self incrimination had been violated, but since the advent of the Miranda rule (1966), that use has become obsolete. It is now used to determine whether a defendant consented to a warrantless search, and whether probable cause exists for the issuing of a search warrant. |
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Term
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Definition
| a lawyer will be provided at a critical stage of due process. Before they are charged (arraigned). |
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Definition
Started with John Adams defending British soldiers in the Boston Massacre
1791- Sixth amendment guarantees the right, but only if you could not afford a lawyer. |
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Definition
| stated that all future death penalty cases required counsel |
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Term
| Gideon v. Wainwright (1963) |
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Definition
| The federal right to a lawyer in all non-capital felony cases finally incorporated against the states. |
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Term
| Argersinger v. Hamlin (1972) |
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Definition
| extended the right to counsel to misdemeanors where imprisonment was a possible sentence |
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Definition
| Favored by the conservative justices to wait to provide a lawyer until after being charged. After arraignment. |
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| Alabama v. Shelton (1979) |
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Definition
| extended the right to counsel to those sentenced to probation or a suspended sentence. Also brought forward the critical stage rule and the formal charge rule. |
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Term
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Definition
| a more conservative court pushed the formal charge rule to compete with the critical stage rule. A lawyer will be required in a post indictment line-up but not a pre-indictment line-up. |
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Definition
| State had to provide a psychiatrist in an insanity case. |
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Term
| Right to counsel on Appeal |
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Definition
Douglas v. California- right to counsel for the first mandatory appeal.
Ross. Moffitt- The state was not required to provide counsel for Secondary or discretionary appeals. |
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Term
| The dangers of self-representation |
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Definition
A non-lawyer can turn the proceedings into a circus
It may prejudice the jury against you
Could lead into ineffective counsel charges
Not professionally equipped to give a good defense |
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Term
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Definition
| Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. |
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Term
| Faretta v. California (1975) |
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Definition
| The court ruled a defendant does not have to be versed in the law to adequately defend oneself. The judge has to have a good reason to determine some level of competence |
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Term
| McKasle v. Wiggins (1984) |
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Definition
| The court held that a trial judge may appoint stand-by counsel to assist a defendant who has chosen to defend himself if he is not sure the defendant's competence. The benefits of which are that the pro se defendant is still in control, the stan-by counsel is ready immediately, and doesn't affect neutrality of the judge. |
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Term
| Effective Assistance of counsel |
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Definition
McMann v. Richardson
Strickland v. Washington
Cuyler v. Sullivan
William v. Taylor
Bell v. Cone
US v. Chronic
Kimmelman v. Morrison
Mix v. Whitside |
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Definition
| Court waived fees for poor people trying to appeal |
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Definition
| Counsel must be effectively doing their jobs |
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Term
| Sticklan v. Washington (1984) |
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Definition
The court clarified what it meant by ineffective counsel. and came up with the
STRICKLAND TEST
1. Was the performance of the lawyer deficent
2. Defendant must show the deffecient performance by itself lead to a guilty verdict. |
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Term
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Definition
| If conflict of interest is shown the defendant does not have to go into detail to prove prong two of the stickland test. |
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Definition
| The court held that the attorney had been ineffective in the death penalty phase of the trial and failed to present mitigating evidence to the judge a jury. |
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Definition
| A defendant charge that his lawyer was inexperienced among other things, was not in itself enough to prove ineffective. |
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Term
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Definition
| a lawyer's refusal to bribe his the perjury of his client did not constitute ineffective counsel. |
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Term
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Definition
Multiple representation of more than one client, even in the same trial is not considered conflict of interest.
Burger v. Kemp the court ruled that the mere possibility of conflict of interest does not necessarily constitute "ineffective counsel" |
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Term
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Definition
| Congress tried to pass a rule that would over rule Miranda warnings, but the supreme court struck it down |
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Term
| Three constitutional checks on abusive interrogations |
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Definition
1. The due process clauses
2. Privilege against Self-Incrimination
3. Right to counsel |
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Term
| The right to remain silent includes |
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Definition
Criminal trials
Civil trials
Administrative proceedings
Congressional investigation
Grand juries |
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Term
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Definition
| A judge would throw out evidence if the victim's right to remain silent was not given. |
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Term
| History of the Voluntariness test |
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Definition
1750 English and American courts developed a common law rule that excludes evidence obtained though coercive means.
Was originally meant to protect innocent people from succumbing to pressure and confess to crimes they did not commit. The test covers physical torture, threat of force, loss of property, harm to others, extreme psychological pressure and promises of leniency.
Many states adopted practice but it did little to stop police brutality.
1936-1960 used the "totality of circumstance" to determine voluntariness |
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Term
| Three rationals for voiding coerced |
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Definition
1. Are such confessions reliable?
2. Deterring improper and abusive police behaior
3.Defendants confessions should be voluntary |
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Term
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Definition
| No rights need to be read for a confession, but a court and judge decide if the confession was voluntary. Can act as a backsop with Miranda confessions for involuntary confessions. |
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Term
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Definition
| confessions were excluded in federal court if law enforcement did not bring someone in front of a magistrate in a timely fashion. The time test was designed to keep police from beating up the suspect or other coercive methods. And then bringing them before a judge after their injuries had . |
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Term
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Definition
| The fifth amendment is incorporated against the states but the police are not required to inform you of our rights at the time of arrest. |
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Term
| The subpoena rule with the 5th amendment |
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Definition
| a person under subpoena or a material witness order is required to answer questions truthfully and is not protected by the fifth amendment against perjury. |
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Term
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Definition
| a person who lies to a federal officer, even not under oath commits a crime. |
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Term
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Definition
| self-accusation, perjury, or contempt |
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Term
| Baltimore v. Bouknight (1990) |
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Definition
| If you do refuse you can be held for contempt of court. A mother was held for seven years for refusing to testify about the whereabouts of her missing son. Justified with "you hold the key to your own prison cell" |
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Term
| Minnesota v. Murphy (1984) |
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Definition
| a person on probation was required to attend meetings with his probation officer and to answer her questions truthfully. The probation officer had learned evidence and the probationer committing a murder years ago. Should have gotten an attorney. |
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Definition
| that the protection against self incrimination does not prevent the court, jury, or witness from viewing his face or person. |
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Term
| A suspect can be compelled to without having their 5th amendment violated |
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Definition
re-enact the crime
Shave their beard or mustache
dye their hair
Demonstrate speech or physcial characteristics
Furnish handwriting sampels
Fingerprints
Have his or her gums examined
Be subject to a blood or urine test
Be photographed
Have scars and tattoos, piercing examined
Put on gloves. |
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Term
| What happens if a person refuses a breathalyzer test? |
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Definition
| They could have their license revoked. |
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Term
| Griffen v. California (1965) |
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Definition
| the DA or judge can not draw attention to the silence of the defendant or a mistrial would be declared. |
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Term
| 5th amendment finds too invasive |
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Definition
| Lie detector, pumping someone's stomach |
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Term
| Four elements of of a constitutional interrogation |
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Definition
| You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney, If you cannot afford one than the state will provide one for you. |
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Term
| A waiver of Miranda must be down |
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Definition
Voluntarily
Knowingly
Intelligently |
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Term
| Strategies used to get rid of Miranda by conservative critics |
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Definition
| The direct strategy was to overruled or Miranda or claim it was not a constitutional rule. (Dickerson) But found it easier to chip away at Miranda. |
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Term
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Definition
Derivative Evidence
Impeachment
Public Safety exception
Cured (Fixed) statment |
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Term
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Definition
| Michigan v. Tucker (1974)- Tucker was accused of rape and the police gave him his warnings, but failed to mention he had a right to counsel. Tucker said a witness would clear him. The witness instead gave evidence of his guilt. |
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Term
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Definition
| Statements made by a suspect following a Miranda violation can only be used to impeach the credibility of a witness, not determine his or her guilty. Oregon v. Hass(1975) hass said he wanted a lawyer after he was arrested and all questioning should have stopped there, but he made an incriminating statement later to a patrol officer after being questioned. That incriminating evidence was can only be used to determine a character's honesty and integrity, not to determine guilty. |
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Term
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Definition
| Incriminating evidence can be allowed in a court of law even if rights were not read based on a public safety issue |
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Term
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Definition
| If a confession was given before miranda rights were read, they can then be read and the confession be given again. The confession will be valid. |
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Term
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Definition
| Made it so cured statements cannot be used as an exception. |
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Term
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Definition
| There are no precise words that the Supreme Court requires for a Miranda warning as long as you convey the components warning. |
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Term
| North Caroloina v. Butler |
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Definition
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Term
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Definition
| Police have to be sure that the suspect waived rights. |
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Term
| Termination and resumption of questioning |
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Definition
| When a suspect indicates that he wants to use his right, any police badering after that, any thing said will be thrown out. |
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Term
| Michigan v. Moseley (1975) |
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Definition
| Moseley was brought in for robbery charges, he used his right to remain silent. The police officers moved him to the homicide wing and read his right again. Then the police officers interrogated him again in which he waived his right to silence and gave incriminating evidence. A suspect and only a suspect has the right to an attorney and only an attorney. |
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Term
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Definition
| Interrogating is required in an arrested person to be in "custody" |
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Term
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Definition
| self-incriminating statements if made while in a routine traffic stop does not need rights to be read |
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Term
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Definition
Police officers cannot tell a lie about a type of punishment.
An undercover cop cannot be proactive.
Mauro was uncooperative until his wife came to the station where he gave up information willingly. |
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Term
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Definition
You can't compel the defendant to talk about or use any such compelled statement against the person in a criminal prosecuation
But you can compel someone to give evidence as long as it's not used against them. |
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Term
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Definition
Massiah was arrested, charged and indicted before being released on bail for drug smuggling.
One of Massiah's co-defendants agreed to cooperate with the state
Any statement obtained surreptitiously or in disregard of the right to counsel cannot be used in a court of law. |
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Term
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Definition
Claims jurisprudence in this area is in disarray
Scalia and Thomas only intentionally cruel or painful methods are unconstitutional
Justices have no one standard
Go by current standards and change with the times
Public opinion polls
What does "unusual" mean?
Does not cover a consensual castration of child abusers |
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Term
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Definition
excessive fine
may deny bail based on the circumstances |
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Term
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Definition
80-90% of all defendants plea before trial
Pros
initial charge is reduced to a lesser offense
multiple counts are reduced to a few or one
Sentenced reduced
Criminal label is change
cost the system less
speeds things along
prosecution can devote more time to a serious case
Resources can be channeled to important cases
Defendant gets Break
Opponents
defendant gives up right to a day in court
Dangerous defendants get leniency they don't deserve
Innocent defendant may feel compelled to take a deal
DAs became too powerful
Leads to judge shopping |
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Term
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Definition
eyewitness identification (usually the most important)
also leading source of error
defense lawyer's job to cast doubt on cross examination |
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Term
| Three areas of possible remedies |
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Definition
sixth amendment right to counsel at line-ups
Fifth Amendment right against self-incrimination
Fifth and fourteenth amendment due process |
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Term
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Definition
all line ups/ "critical" stage rule
No fifth amendment violation
But sixth amendment counsel is required at all critical stages to guard against "suggestiveness" |
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Term
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Definition
"formal charge" rule
Only those line-ups that come after indictment
No right to counsel attaches before critical stage |
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Definition
| Lawyer not necessary to be presence if witness is looking at mug shots at the station. |
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Term
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Definition
Suspect brought to hospital bed of seriously injured victim
Show-ups are generally unjustified |
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Term
| Foster v. California (1969) |
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Definition
| Can't distinguish person from other in line-up suspect made to "stand out" by wearing jacket used in robbery and being taller than other persons in lin-up |
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Term
| Neil v. Biggers Rape case |
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Definition
Time limit on witness reliability?
show up
Suggestiveness by itself does not call for inclusion of evidence |
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Term
| Manson v. Bathwait (1977) |
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Definition
| Concern time between actual crime and identification of witness |
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Term
| Totality of circumstance test |
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Definition
1. Opportunity to view
2. Degree of attention
3. Accuracy level of certainty
5. Time elapsed between first observation and later identification |
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Term
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Definition
| trick or deceive, into a crime |
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Term
| Hoffa v. United States (1966) |
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Definition
| a undercover police officer listened in with his lawyer in his house. Entrapment does not violate fifth amendment |
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Term
| six factors for subjective test |
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Definition
1. Defendant's reputation, including priors
2. Government suggests first
3. Was crimainl behavior for profit?
4. Defendant's reluctance
5. What was the nature of the inducement
6. Did the defendant have the ability to carry out the crime? |
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Term
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Definition
Criminal procedure approach
Excessive inducements by police officers
To deter excessive police techniques
Conservative law and order approach
Looks at concrete event-not state of mind
Disadvantage- officers can lie |
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