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CRJ 130 Final

Cases & Vocab

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)
Created by: ms3248