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