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13 Cards in this Set

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  • Back
Lemon Test
The Court (a) required all laws to have clear secular (that is, not religious) purpose, (b) did not permit laws to advance or inhibit either one religion or religion in general and (c) considered it one sign of a religious establishment if the law entagled public officials with religious institutions or activities
exclusionary rule
in Mapp v. Ohio, improperly obtained evidence cannot be presented during a trail
United States v. Leon (1984)
lacking an official warrant may not invalidate police searches conducted in "good faith", the court has relaxed the exclusionary when officers use a warrant bassed on the wrong paperwork and when they accidentally apply a warrant to the wrong person or wrong apartment
Kyllo v. United States (2001)
police needed a warrant to scan someone's house with thermal imaging equipment, which is used to detect the presence of halide lamps needed to grow marijuana plants indoors
Miranda v. Arizona (1966)
5th amendment, required police officers to alert suspects to their rights before questioning them- Miranda warning
Harris v. New York (1971)
information gathered in violation of the miranda decision may be intoduced as evidence when defendants testify on their own behalf.
Sheppard v. Maxwell (1966)
a case in which police accused an influential medical doctor of murdering his wife. Sheppard complained about the news coverage jurors witnessed. Judges can postpone trails or transfer them far way from initial crime to lower public awareness
Nebraska Press Association v. Stuart (1976)
ruled that "pre-trial publicity-even pervasive, adverse publicity- does not inevitably lead to an unfair trail"
Gideon v. Wainwright (1963)
all citizens accused of serious crimes, even the indigent, must have access to proper legal advice. when the accused are too poor to hire attorneys, than the 6th amendment right to counsel requires courts to appoint legal representation
public defender
an attorney whose full-time responsiblity is to provide for the legal defense of indigent criminal suspects
Benton v. Maryland (1969)
states cannot try a person twice for the same offense; thereby placing the defendent on double jeopardy, purpose was to prevent law enforcement officials from wearing someone down by repeated prosecutions
Atkins v. Virginia
states cannot execute the mentally retarded (2002)
plea bargain
an agreement between prosecution and defense that the accused will admit to having committed a crime, provided that others charges are dropped and a reduced sentence is recommended