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CSULB 350
Quiz 3
| Question | Answer |
|---|---|
| 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
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