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29 Cards in this Set
- Front
- Back
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3 elements for deterance |
Swift proportionate certain |
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Boykin V. Alabama |
A guilty plea must include an affirmative showing that it was intelligent and voluntary. |
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NC V Alford |
Alford plea- can't plea guilty and protest your innocence |
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Strickland V Washington |
Right to counsel is violated by their inadequate performance |
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US V Ruiz |
Govenrment isn't required to disclose material impeachment evidence prior to entering a plea agreement |
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Improper inducement |
Being coerced into a deal you don't want |
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Bordenkircher V Hayes |
Prosecutional vindictiveness |
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Williams V Newyork |
Judges do not have to restrict sentencing decisions to information received in open court |
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Mathews balancing test |
Determines if rights are violated by not seeing the PSI report for capital crimes |
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Mempa V Rhay |
You have a right to council when any critical stage of prosecution where significant rights may be affected |
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Allocation |
Right to speak on your own behalf |
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Elements of crime |
Trial-beyond a reasonable doubt |
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Sentencing factors |
Sentencing- preponderance of evidence |
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McMillan v penn |
Doesn't increase max sentence |
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Appredi v NJ |
Can't increase a maximum sentence of a criminal unless it is proven to a jury beyond a reasonable doubt |
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Blakely v washington |
Prove to a jury if you want to enhance a sentence |
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Grayson v US |
This could reflect badly on rehab prospects so it is not a denial of due process |
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Exclusionary rule |
Any evidence obtained illegally can't be used |
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Criminal involvement |
Prior aquittal does not mean the conduct can't be considered at sentencing |
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Booth v Maryland |
Unacceptable risk that jury would apply death penalty based on victim impact statements |
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Payne v Tennessee |
Allowed victim impact statements |
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Richardson v Ramirez |
Felons could be barred from voting |
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Hunter v underwood |
Overturned disenfranchisement |
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Megan's law |
Have to go on a registry |
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Kansas v Hendricks |
Doesn't violate double jep. People who are not able to control themselves can be confined |
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Kansas v Crane |
Dependent must be likely to commit sexualy violent crimes in the future. |
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ABA standards |
Collateral and discretionary disqualifications |
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Collateral |
Auto |
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Discretionary disqualifications |
Discretionary |
