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26 Cards in this Set

  • Front
  • Back
supreme court decision states that courts must pay for counsel in felony cases. later extended to all cases that involve possibility of imprisonment.
Gideon vs Wainwright
course case which created counsel competency law. defendant must show that his attorney is incompetent to the point he is not guaranteed his rights of 6th amendment. Must show deprivation of fair trial.
Strickland vs Washington
the court ruled that the right to counsel is guaranteed in capital cases
Powell vs Alabama
says crime does not pay, relies on the expectation of crime.
general deterrence
states the more criminals locked up, less crime committed
incapacitation
states never commit another crime again (death penalty)
specific deterrence
states the punishment should fit the crime
retribution
states it may be fair to offer offenders an opportunity for rehabilitation, instead of harsh criminal punishments
rehabilitation
states criminals should reimburse for its loses caused by their crimes
equity/restitution
all sentences are served at the same time
concurrent
sentences are totaled together
consecutive
sentencing structure in which their is a max and minimum
indeterminate sentencing
sentencing where there is a set number of years without parole
determinate sentencing
sentencing which has a equal punishment for all offenders
mandatory sentencing
famous law in california, which has 25 years to life after 3 repeated offenses
3 strikes law
sentencing where you serve a minimum of 85% of sentence
Truth-in-Sentencing
What are the seven pretrial motions
Supress Evidence, Change of Venue, Invalidate a search warrant, dismiss, discovery, continuance, severance of defendants.
the first state to have lethal injection was____________, in 1977
Oklahoma
What are the rights of someone on trial?
Right to a speedy trial, right to be competent at trial, right to confront witnesses, right to a jury trial, right to counsel at trial and right to self-representation.
name the types of bail
Full cash/property, deposit (10%) down, surety, conditional(promise), unsecured (pay nothing), release or recognizance.
type of court with original jurisdiction, concerned with questions of fact
trial
type of court concerned with questions of law, does not use juries or witnesses, accept facts as established by the trial court
appellate
name the types of courts
trial, appellate, district, municipal, county, state, federal, supreme
how are judges selected?
Election, Appointment and Missouri plan.
Bar committee searches for qualified candidates, governor chooses among them, judge runs for reappointment in nonpartisan election
Missouri Plan
name the five screening factors that federal prosecutors use
# one factor is if there is enough evidence for conviction, severity of crime, uncooperative victims, unreliability of victims, willingness of defendant to testify against someone else.