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Con Law FInal Q3
Terms in this set (21)
Powell v. Alabama
Failure to give reasonable time to secure counsel clearly violates due process clause. An adequate representation cannot be assigned the same day as the trial.
Gideon v. Waynwright
This case overruled Betts and held that the right of an indigent defendant to appointed counsel is a fundamental right, essential to a fair trial. Failure to provide an indigent defendant with an attorney is a violation of the Fourteenth Amendment of the United States Constitution ("Constitution").
Batson v. Kentucky
Swaine v. Alabama recognizes that a states deliberate denial of blacks from jury violates the equal protection of the 14th. Strauder held that the 14th is to stop discrimination based on race. Peremptory challenges are subject to the Equal Protection Clause. A persons race is unrelated to his fitness as a juror.
Sheppard v. Maxwell
The court should/could have controlled the release of information during trial. The jurors were thrust into the role of celebrities; the judge failed to insulate them from reporters and photographers.
Richmond Newspapers v. Virginia
The State argues that neither the Constitution nor Bill of Rights contains any provision which guaranteed the public right to attend. Right to attend criminal trials is implicit in the guarantees of the 1st.
Gregg v. Georgia
Capital punishment does not violate the Eighth or Fourteenth amendments of the United States Constitution provided it is set forth in a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching its decision. Death penalty is only applicable in cases of murder, a life for life.
Atkins v. Virginia
Mental impairments can jeopardize the reliability and fairness of capital proceedings against mentally retarded defendants. Since we seek to ensure that only those most deserving of execution are put to death, an exclusion for the mentally retarded is appropriate. Furman v. Georgia, put the death penalty on hold for unacceptable disparities and sentencing blacks convicted of murdering whites. Weems case, cruel and unusual changes through time.
Scott v. Illinois
Developed the loss of liberty rule; if conviction would result in incarceration, even one day, the state must appoint an attorney for the indigent.
Alabama v. Sheldon
A suspended license may result in loss of liberty, so it cannot be imposed without a right to council.
Betts v. Brady
Held that the 6th right to council was note considered a fundamental guarantee by the framers; thus it was not incorporated to states.
Johnson v. Zerbst
Ruled that indigent defendants involved in federal criminal prosecutions are entitled to be represented by counsel.
Ross v. Moffit
Refused to extend the right to council to subsequent appeals.
Halbert v. Michigan
Overturned a state law that removed the right to council for defendants on appeal who pled guilty during the trial.
Barker v. Wingo
ruled on the right to a speedy trial; it established 4 criteria: the length of delay may be reasonable, the reason for delay, the point as which the defendants begins asserting the 6th amendment right, and whether the delay prejudiced the defendant's case.
Vermont v. Brillon
Ruled that the delay brought by the defendants attorney were not the fault of the state; the 6th does not apply then.
J.E.B v. Alabama
Applied that the Batson to international sex discrimination on juries.
Williams v. Florida
Explained that juries did not require 12 members.
Sell v. US
Allowed government to force mentally ill defendants to take antipsychotic drug to render them competent to stand trial; but there are limits.
Solem v. Helm
Held that life sentence for writing bad check violated the 8th; cruel and unusual punishment included those that are disproportionate.
Furman v. Georgia
Put the death penalty on hold for unacceptable disparities in sentencing blacks convicted of murdering whites.
Ewing v. CA
Upheld the state's three strikes your out law.
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