cj 2355

Gideon V. Wainwright

all indigent defendants in felony cases have the right to court appointed counsel

6th amendment

the accused shall enjoy the right to a speedy and public trial,
impartial jury of the State and district wherein the crime shall have been committed;
which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

Right to an attorney at various stages of the criminal process

initial appearance, bail, preliminary hearing, arraignment, interrogation (postendictment), line up (postindictment), plea bargaining, trial, sentencing, first appeal

ineffective counsel, objective standard of reasonableness

Benchmark for judging any claim of ineffectiveness must be whether counsels conduct so undermined the porper functining of the adversarial process that the trial cannot be relied on as having produced a just result
the outcome would have been different if counsel had not been ineffective

Strickland vs Washington

defense attorney is ineffective only if proceedings were unfair and the outcome would have been different

Systems in which indigents may get court appointed attorneys

contract system a lawyer bids for the contract of public defender for a set amount of time
Assigned councel judge assignes laywer on a case by case basis
Public defender salary guy by the state

Pro Se

on his own behalf

article III of the constitution

president appoints federal judges

State Commission on Judicial Conduct

looks at judge miss conduct

judge diversity

most judges are white males
27.8% women

Federal female judge decisions v. male judge decisions

mostly make the same decision

Missouri Bar Plan

tries to remove politics from courts judicial nominating group recommends who should be a judge to the govoner, who ever is elected judge is then voted on by the people

Judicial conduct and disability act

artle 2 of constution the president can suggest impeachment but the senate has to vote 2/3 vote required

Characteristics of defendants

marital status, single socioecondomic status poor, recidividsm most have been through the system

Legal cynicism

courts are not ligit and doesn't provide public safty we would like

Victim impact statements

statements made by a victim after a trial

Thermon v torinton

domestic violence police didn't show up to dometic violence
thermon got stabbed by her husband who had a restraining order

Payne V. Tennessee

should a victim impact statements be admissible during the sentencing phase of capital murder trials? was not unconstitutional to use these statements in the sentencing phase. Therefore, victim impact statements can be considered during the sentencing of any charge.

Rights of victims

right to case information and right to be protected under the law form attacks

Key developments in victim law

texas crime victim compensaiton fund

texas victims bill of rights

protection and information on cases

no bill

grand jury thinks the person in question was not involved in a crime

true bill

2/3 of the grand jury believs there is probable cause

power of the jury

subpoena power, immunity privlidges to witnesses


release on recognicance person in question says they will come back to court with no money incentive

cash bond

the accused posts the money

bail bond

bondsman posts bail

property bond

the title or deed to porperty is held as calateral

8th amendment

right to not have execive bail, but bail is not guaranteed if the person is violent has a flight risk or situational justice


defendant formally charged and makes a plea

discretion of prosecutors

they decide what cases to take to trial

brady v maryland

due process is violated when the prosecuiton conceals evidence that might be favoriable to the defense

exculpatory evidence

any evidence that might be favorable to the defendant at trial either by trending to cast doubt on the defendants guilt or by trending ot mitigate the defendants culpability thereby potentially reducing the defendants sentence


the informal and formal exchange of information between prosecution and defense is referred to as discovery

exclusionary rule

prohibits evidence that is not legally obtained can no be used in trial
(confession of murder and location of body)

fruit of a poisonous tree

evidence that is obtained as a result of a consitutional violation (location of body)

Suppression of evidence

defence making a motion to court to say this evidence should not be used

Role of judge in suppressing evidence

judge rules on motion weather to use evidence or not

Exceptions to exclusionary rule

evidence obtained form a source independant of the consitution violation such as from a private citizen is admissible
illegally obtained evidence is admissible if it would have inevitably been discovered by lawful means
if police make a good faith mistake such that there was no police misconduct ot be deterred by excluding evidence then the evidence may be used at trail
attenuaiton weakening of illegality

Matt v Ohio

evidence could not be used officers said they had warrant but didn't

Miranda v Arizona

We hold that when an individual is taken into custody or otherwise deprived of his freedom ...the privilege against self-incrimination is jeopardized... He must be warned prior to any questioning that he has a right to remain silent, that anything he says can be used against him in a court of law, that he has a right to an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

affirmative answers to all four questions before a suspect's statements can be admitted as evidence in court

Was the statement voluntary?
Was the Miranda warning given?
Was there a waiver by the suspect?
Was the waiver intelligent and voluntary

exigent circumstances

exception to search warant, person is about to excape, someones saftey is in danger, distruciton of evidence,

4 types of charges

complaint, information, arrest warrent,indictment