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CRJ 130 Final
Cases & Vocab
Question | Answer |
---|---|
Gideon v. Wainwright | right for indigents to receive counsel on felony criminal cases |
Douglas v. California | Right for indigents to receive counsel on their 1st appeal |
Ross v. Moss | Indigents do not receive appointed counsel during discretionary appeals |
Faretta v. California | Right for self-representation |
Coleman v. Alabama | Right to counsel during a preliminary hearing |
Gerstein v. Pugh | Answers the question of whether a person arrested and held for trial under a prosecutor's information is constitutionally entitled to a judicial determination of probable cause for pretrial restraint of liberty |
County of Riverside v. McLaughlin | Determines what is "Prompt"; 48 Hours |
Mapp v. Ohio | 4th amendment prohibits unreasonable search and seizure; Exclusionary rule applies to the States |
Minnick v. Mississippi | Police can not reinitiate questions after invocation of the right |
Maryland v. Bue | Items plain view are admissible during protective sweep; lawfully on the premises |
Inevitable discovery | an exception to the exclusionary rule |
Critical Stage | anytime substantial rights are affected |
Chimel v. California | Warrantless search incident to arrest is lawful but must be within the wing span of the suspect. |
Executive Appointment | Appointed by the President; example Article III Judge |
Partisan Election | Voters decide and the judge's party is listed on the ballot |
Non-Partisan Election | Voters decide and the judge's party is not listed on the ballot |
Merit Selection | Hybrid of appointment & Election seeks to remove politics from the courts |
Payne v. Tennessee | Victim impact statements are admissible during sentencing |
Index Crimes | The most serious crimes, type I offenses |
Complaint | Made by a Police or Victim |
Information | Made by a prosecutor |
Arrest Warrant | Issued by a judge |
indictment | By jury |
5th Amendment | Right to a grand jury |
8th amendment | prevents excessive bail |
US v. Salerno | Bail may be denied based on risk to the community |
Cash Bond | Money must be posted for pretrial release |
Property Bond | Use of property as collateral for pretrial release |
ROR | Released on recognizance |
Process of bail setting | seriousness of the crime; prior criminal history; situation justice |
Brady v. Maryland | Prosecutors must discourse evidence favorable to the defense |
Exclusionary Rule | Prohibits the prosecutor from using illegally obtained evidence at trial |
4th Amendment | Prohibits unreasonable search & seizure |
Charge bargaining | Defendant pleads guilty in return for a less serious charge |
Count Bargaining | Defendant pleads to some of the original counts charged |
Sentence Bargaining | Defendant pleads to the original charge with a reduced sentence |
Nolo Contendere | Latin meaning "I will not contest it" |
Gerstein Hearing | Probably Cause Hearing (Preliminary Hearing) |