Quiz 3
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
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| right to counsel at trial? | criminal defendants who cannot afford to hire an attourney.
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| when do you have right at counsel? | from first court appearane through first direct appeal after conviction.
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| what are the limits on right to counsel> | only applies to criminal procedding, only applies if prison of jail can be a part of the sentence.
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| what is the test for reveral sue to incomoetent attourney | representations was below standared of reasonale attorney AND serious likeliehood that outfcome of trial would have been different with compettent attorney.
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| what is self repesentaion (pro per) | mentally competent deffendant may reoresent self at trial after voluntary waiver of right to counsel. may be mentally competent to stand trail but not competent ot be a PRO per.
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| conflict of interest when sharing attourney? | defendants with conflicting interests cannot be forece to share attourney.- defendants can waive the right ot separate attourneys, judge may refusse request to share attourney even if both defendants consent.
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| RIGHT TO COUNSEL TO APPEL. | Indifents have right to apponited counsel for appeals in cirminal cases. not restrivted to defendant sentenced to jail or prison,- based onf financial need at time of appeal.
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| what do u get a right to counsel to appeal? | first appeal,
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| when are appeals not covered? | higher state courts, us supreme court, habeaous corpus.
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| what is habeas corus= | is considered a civil proceddding no right to counsel even before trial.
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| factors considered to tifht to a speedy trial. | length of delay, reason for delay,defenant assertiaon of rights, prejudice to defendant.
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| when does the speedy trial starts. | the tight to a speedy trial starts when the charges are filed. pre- indictment delya is not considered.
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| what is pre-indictment delay- | defendant must be in cousoty to claim of sixth amendment right ot speedy trail.
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| pre- trail appeals | delay due to good faith appeal does not violate right to speedy trial.
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| extensive delays- | long delays require lesser showing of actual prejudice to defendant.
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| Right discovery (due process) | no duty to collect ot save evidence for defense experts to examine,. prosecutor must disclose exulpatory evidence.o
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| what is brady material | specific request, and feneral request or not request.
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| what is specific request. | information requested.
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| what is geneal request or no request. | information with obvious value to defense.
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| right to discovery(5th adm,) defense does not have to dixlose evidence protected by _____ | privilege agianst self incrimnation.
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| stautes may require deffense to disclose | alibi, list of witnesses defense plane to call to testify.
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| when do you have right to jury trail (6th adm) | potentional sentence over 6 monthes. eithe def/pros can demand jury trial.
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| for supreme court ruled minimum is? | 6 jurors.
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| what is the verdict for the 6 jurors. calilfornia uses how many | if court is unanimous verdict not required if jury has more than 6 jurors.
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| what is testimonial hearsay? | is not allowed unless the perosn who made the statemtent is aviailable for cross examination.
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| double jepardy is not vilated by: | refiling charges, retrail after hung jury, mistrail
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| double jepardy is vilated by | same charge after acquittal, same charge after reversed conviction,
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| death penalty requires | death. but cannot execute mentally retarted, undere 18.
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| criminal justice process violates due process if the defendant is not mentally competent at | all court hearings, sentencing, execution.
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| what are the 3 types of speech? | pure speech, symobolic speech, commercail speech.
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| what is pure speech | expressing opinions verbally or in writing.
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| what is symbolic sppech. | expressing opions thorugh actions.
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| what is commercal speech. | advertising and business activities.
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| Speech that is not protected by the first admendment | shoutubg fire in crowed palce, obsecnity, fighting words.
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| pure/ symbolic speech: governement regulations must be what? | content newatural.
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| when is governemtne regulation allowed when? | when it protects a substantial interest.
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| statuetes are void foe what? | overbreadth.
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| government can not prohibit what? | expressions of unpopular belief. ex burnign flags, non criminal acts.
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| when can pure/ symbolic sppech impose longer sentences? | racial hatered.
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| freedom of assumbly protects? | extression of ideas.- regulation of purely social gathering s does not vilate the first amendment. - content neutral regulations are permitte.d
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| freedom of assumebly on parades | can be at reasonable place and time.
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| what is gag order? | ic acan restrict informations releeased to news media
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| posssion of obsecen material in privaty is protecte? | by first admendemt. execept child pornograpy.
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| serch warrant for allegedy obscene material. | affidavit must give very specific details about what is depicted in issue., seixe one compy of each issure.
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| after warrant is execute, defendan must _-- | have prompt access to adverasay hearing to determine if each item seixed is obscene.
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| how are adult bookstroes be regulated> | zoning and health laws.
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| what is absolute immunity for all actions. | judge for judical acts, prosecting cases are for proseecutin.
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| what is qualified imunity ? | applies to actions done in good failth. ex poice, prosecutor,.
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| what are compensatory damages | medical bills, lost wages, replace items.
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| what are punitive damages | awarded only if there is intentional misconduct or reckeless indifference to plaintiff consituional right.
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| _ are immune from punnitve damages? | cities.
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| punitive damges are measured by what | worongulness of conduct and ablilty to pay.
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| what is consent decree? | a court orrder that the parties agreed to in order to settle the case withoug a trial.
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