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9 Cards in this Set
- Front
- Back
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Duke Lacrosse Case
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falso accusation of rape
disbarment of lead prosecutor Mike Nifong dishonesty, fraud, deceit and misrepresentation found guilty of criminal contempt |
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in re gault 1967
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right to counsel extended to juveniles
juveniles have adult rights |
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argersinger v hamlin 1972
scott v illinois 1979 |
accused cannot be subjected to actual imprisonment unless provided with counsel (non felony cases)
illinois had violated the constitution by not providing counsel |
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Mempa v Rhay 1967
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the rights of the defendant may be affected in the critical stages.
must be appointed a counsel even if labeled a revocation of probation or deferred sentencing |
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brewer v williams
rothgery v gillespie county |
one judicial proceedings begin (the adversary process) the suspect has right to counsel.
Williams was convinced by officer to give directions of the body. an interrogation that violates williams right to counsel initial appearance (learns charges) marks the initiation of adversary proceedings |
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miranda v arizona 1966
custodial interrogations |
police violated right to remain silent and right to legal counsel. evidence was obtained illegally
police must warn a suspect prior to any questioning that they have a right to remain silent.... |
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US v Wade
Kirby v Illinois police lineups |
criminal defendant has a 6th amendment right to counsel at a lineup held after indictment
pre-indictment showup without counsel was not a violation because the criminal prosecution had not yet begun |
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Strickland V Washington 1984
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ineffective assistance of counsel
criminal defendant cannot obtain relief unless he can show that counsel's performance fell below an objective standard of reasonableness and that it affecting the sentencing. |
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Faretta V. California 1975
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defendants have constitutional right to refuse counsel and represent themselves
must show judge the ability to conduct the trial |
