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8 Cards in this Set
- Front
- Back
What are the kinds of stories that can affect the sixth amendment |
1. Confessions or stories about the confessions that defendent claimed to made 2. Stories about the defendants performance on a test, like a polygraph 3. Stories about the defendants past criminal record or describe as a former convict 4. Stories that question the credibility of witnesses and that contain personal feelings |
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Traditional judicial remedies |
Voir Dire - getting rid of jurors/challenge for cause and peremptory challenges |
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Why did the Supreme Court rule in favor of open trials? |
Too many trials were closed off by judges which kept the press from knowing the details of the trial thus leading to corruption |
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What does a judge have to do in order to close off a trial? |
Determing whether the hearing had traditinoally been open to the pres or whether the public and press access will play a positive role in the judciial process. Consider if there are reasonable alternative; trailor the closure to minimu interference; make finidng to support the decision and prepare a factual record |
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What is the Comstock Law? |
All obsene books pamplets, pictures and other matieral were unmailable. |
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What is the Hicklin rule? |
A work is obscene if it has a tendency to deprave and corrupt those who minds are open to such immoral influrence and into whose hands it might fall |
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What's the significannce of Roth vs. US |
Got rid of Hicklin rule. Created Roth test: - A court must find that the material is patently offensive because it affronts contempary community standars relating to the descripton or representation of seuxal matters - Before something can be obscene, it must be utterly without redeeming social value |
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What's the significance of Miller vs California? |
Replaced the Roth test: - An average person, applying contempary local community stanrdard, finds that the word taken as a whole appeals to the prurient interest - The workd depicts in a patently offensive way seuxal conduct specifically defind by applicaable state law - The work in question lacks serious literacy, artistic,, political or scientific value |