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19 Cards in this Set
- Front
- Back
People v. Wabash |
Appellate court held that the attorney is charged by law with large discretion is prosecuting offenders against the law. May commence or discontinue by his own capacity to satisfy justice. |
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Wilson v. County of Marshall, Ill |
Appellate court held that the prosecuting attorney was given absolute control of the criminal procedures. |
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People v. Berlin/People v. Adams |
State courts do not possess the power to compel the prosecuting attorney to enforce the penal code. |
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State Ex Rel Kurkierewicz v. Cannon |
Appellate court held that it was the prosecutor's right to determine which crimes would be investigated and under what circumstances the prosecution would go forward. |
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Wilson v. State of Oklahoma |
The court refused to interfere with the prosecutor's right to press charges that were lesser than what the evidence indicated. |
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Howell v. Brown/Pugach v. Klien/Milliken v. Stone |
Consistently ruled in support of prosecutor's unlimited discretion. |
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US v. Cronic |
Supreme Court upheld Cronic's conviction. Cronic was represented by a real estate attorney with no experience, who eventually withdrew. The appeal was based on incompetent counsel argument. |
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Strickland v. Washington |
Supreme Court upheld conviction of the death penalty sentence. Appeal based on incompetent counsel, claiming that counsel did not call any witnesses, etc. |
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Boykin v. Alabama |
Defendants must state that their pleas were made voluntarily prior to a judge accepting the plea.
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North Carolina v. Alford |
A plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence. |
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Bordenkircher v. Hayes |
A defendant's rights were not violated by a prosecutor who warned that not accepting a guilty plea would result in a harsher sentence. |
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Ricketts v. Adamson |
Defendants must uphold the plea agreement or risk going trial and receiving a more severe sentence. |
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Santobello v. New York |
Supreme Court ruled that when a guilty plea rests on a promise or agreement of the prosecutor, as part of the consideration, such promises must be fulfilled. |
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Furman v. Georgia |
US Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment. The procedures used to impose death were found arbitrary and unfair. Invalidated death penalty laws in 39 states. New statutes were enacted for proper procedures. |
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Gregg v. Georgia |
Upheld capital punishment statutes that required judges and juries to take into account specific aggravating and mitigating factors when deciding which convicted murders are to be sentenced to death. A bifurcated trial came about from this rule; a trial to determine guilt, and another to determine the sentence. |
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McClesky v. Kemp |
Upheld McClesky's death penalty sentence after an armed robbery and murder. A "racially disproportionate impact" was not enough to overturn the conviction. |
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Roper v. Simmons |
Held that it is unconstitutional to impose the death penalty for crimes committed under the age of 18. |
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Ring v. Arizona |
Limited the ability of states to permit judges rather than juries to make final determination about which defendants will receive the death penalty. |
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Baze v. Rees |
Upheld the constitutionality of lethal injection as a method used for the death penalty. |