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Criminal Evidence
Exam 1
| Question | Answer |
|---|---|
| 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. |