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Criminal Evidence

Exam 1

QuestionAnswer
County Of Riverside V. Mclaughlin The promptness rule, 48 hour requirement for a probable cause hearing when arrested without a warrant.
Barker V. Wingo Right to speedy trial, 6th amendment
Strickland V. Washington Right to assistance of counsel (effective counsel). If an attorney is ineffective the right is denied.
Brady V. Maryland Suppression by the prosecution of evidence is favorable to the accused.
Neil V. Biggers SCOTUS stated the test for evaluating an eyewitness identification for irreperable identification.
Jaffee V. Redmond psychotherapist - patient privilege
United States V Glass Dangerous patient exception for psychotherapist - patient privilege
Magna Carta created the first standards for arresting and imprisoning those accused of crimes
Habeas Corpus Writ used to compel a government official to show cause why the official is holding a person in custody.
Estelle V. Williams The presumption of innocence
Relevant evidence Evidence that makes a material issue before the court more or less probable
Reliable evidence Evidence that possesses a sufficient degree of liklihood that it is true and accurate.
Competent evidence Evidence that is relevant and reliable and not otherwise excludable
Direct Evidence Evidence that proves or disproves a fact in question with no need of inferences
Indirect Evidence Evidence from which proof of the fact in question may be inferred.
imperssible inferences Inferences fact finders may not draw
Conditional guilty plea Lawyers use this preserve the right to appeal a issue before a trial court
Standing mute plea Causes the court to direct that a not guilty plea be entered on behalf of the defendant
Affirmative Defense Admits the defendant committed the crime but asserts no conviction for the defendant
Judgement not-with-standing Post-trial judgement made by a judge, changing or reversing the jury decision
Reversible Error Errors that occur at trial that might have had a bearing on the outcome.
Burden of production The part of the burden of proof that requires a party to produce sufficient evidence to establish the fact at issue
Burden of persuasion The part of the burden of proof that requires a party to persuade the jury that a fact exists.
No contest plea defendant seeks to avoid guilt in hope of successfully denying the truth of the charges in a subsequent civil law suit.
Judicial Notice The doctrine that evidence of well-accepted facts may be introduced in court without proof of a judicial shortcut.
Created by: JoshB2023
 

 



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