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6 Cards in this Set
- Front
- Back
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PRESENTENCE INVESTIGATION
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Probation officer interviews the defendant, reviews his criminal record, reviews specific facts of the crime in order to make a recommendation to the court about the type and severity of the sentence.
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RIGHT TO COUNSEL ON APPEAL
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Equal Protection Clause of the 14th Amendment gives indigent defendants convicted of a felony the right to appointed counsel, provided that the appeal is heard by an appellate court.
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PREJUDICIAL ERROR VS. HARMLESS ERROR
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A prejudicial error is an error that may have changed the outcome of the case, and hence, requires reversal.
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May victim impact evidence be considered at sentencing?
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As long as it is not so prejudicial that the sentencing becomes unfair.
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SUSPENDED IMPOSITION OF SENTENCE
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Judge withholds sentencing the defendant, and refrains from entering a judgment of conviction until a future date.
If defendant complies with the conditions, he is freed from conviction. |
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HABEAS CORPUS
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A judicial mandate to a prison official ordering that an inmate be brought to court to determine whether he was imprisoned lawfully and whether or not he should be freed. The petition must show that the court made a legal or factual error. Usually filed by prisoners. It's is a way to make sure that state courts pay attention to federal constitutional rights.
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