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
14%black
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
ROR
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
arraignment
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
discovery
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