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Quiz 3

right to counsel at trial? criminal defendants who cannot afford to hire an attourney.
when do you have right at counsel? from first court appearane through first direct appeal after conviction.
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.
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.
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.
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.
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.
what do u get a right to counsel to appeal? first appeal,
when are appeals not covered? higher state courts, us supreme court, habeaous corpus.
what is habeas corus= is considered a civil proceddding no right to counsel even before trial.
factors considered to tifht to a speedy trial. length of delay, reason for delay,defenant assertiaon of rights, prejudice to defendant.
when does the speedy trial starts. the tight to a speedy trial starts when the charges are filed. pre- indictment delya is not considered.
what is pre-indictment delay- defendant must be in cousoty to claim of sixth amendment right ot speedy trail.
pre- trail appeals delay due to good faith appeal does not violate right to speedy trial.
extensive delays- long delays require lesser showing of actual prejudice to defendant.
Right discovery (due process) no duty to collect ot save evidence for defense experts to examine,. prosecutor must disclose exulpatory evidence.o
what is brady material specific request, and feneral request or not request.
what is specific request. information requested.
what is geneal request or no request. information with obvious value to defense.
right to discovery(5th adm,) defense does not have to dixlose evidence protected by _____ privilege agianst self incrimnation.
stautes may require deffense to disclose alibi, list of witnesses defense plane to call to testify.
when do you have right to jury trail (6th adm) potentional sentence over 6 monthes. eithe def/pros can demand jury trial.
for supreme court ruled minimum is? 6 jurors.
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.
what is testimonial hearsay? is not allowed unless the perosn who made the statemtent is aviailable for cross examination.
double jepardy is not vilated by: refiling charges, retrail after hung jury, mistrail
double jepardy is vilated by same charge after acquittal, same charge after reversed conviction,
death penalty requires death. but cannot execute mentally retarted, undere 18.
criminal justice process violates due process if the defendant is not mentally competent at all court hearings, sentencing, execution.
what are the 3 types of speech? pure speech, symobolic speech, commercail speech.
what is pure speech expressing opinions verbally or in writing.
what is symbolic sppech. expressing opions thorugh actions.
what is commercal speech. advertising and business activities.
Speech that is not protected by the first admendment shoutubg fire in crowed palce, obsecnity, fighting words.
pure/ symbolic speech: governement regulations must be what? content newatural.
when is governemtne regulation allowed when? when it protects a substantial interest.
statuetes are void foe what? overbreadth.
government can not prohibit what? expressions of unpopular belief. ex burnign flags, non criminal acts.
when can pure/ symbolic sppech impose longer sentences? racial hatered.
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
freedom of assumebly on parades can be at reasonable place and time.
what is gag order? ic acan restrict informations releeased to news media
posssion of obsecen material in privaty is protecte? by first admendemt. execept child pornograpy.
serch warrant for allegedy obscene material. affidavit must give very specific details about what is depicted in issue., seixe one compy of each issure.
after warrant is execute, defendan must _-- have prompt access to adverasay hearing to determine if each item seixed is obscene.
how are adult bookstroes be regulated> zoning and health laws.
what is absolute immunity for all actions. judge for judical acts, prosecting cases are for proseecutin.
what is qualified imunity ? applies to actions done in good failth. ex poice, prosecutor,.
what are compensatory damages medical bills, lost wages, replace items.
what are punitive damages awarded only if there is intentional misconduct or reckeless indifference to plaintiff consituional right.
_ are immune from punnitve damages? cities.
punitive damges are measured by what worongulness of conduct and ablilty to pay.
what is consent decree? a court orrder that the parties agreed to in order to settle the case withoug a trial.
Created by: pinkkat4