Final Exam--Criminal Procedure

tinypixie29's version from 2016-05-05 08:13

Section 1

Question Answer
Had a detailed schedule of crimes and punishment. Based on the theory of "an eye for an eye"Code of Hammurabi
Mandated severe but proportionate punishment based on the principal of retributionMosaic Law
Replaced the idea of venganceRetribution
Followed the common-law practice. Was mandated in cases such as idolatry, witchcraft, blasphemy, sodomy, and adultryCapital Punishment
Introduced the concept of the penitentiary. Idea to reform criminals through isolated, bible study, and hard labor. Gave rise to the notion of rehabilitation19th Century
Reform criminals and reintegrate them into societyRehabilitation
Incarceration replaced corporal punishment. All states and the federal government built prisons. Death Penalty still used for most serious violent felonies.20th Century
Were eventually replaced by the firing squad, the gas chamber, the electric chair, and lethal injection.Gallows
Focus of criminal punishment is the goal. Offenders are prevented from committing further criminal acts.Incapacitation
Taking the proceeds from criminal activityForfeiture of Property
Includes aircraft, motor vehicles, and vessels.Conveyances
If used to commit or facilitate commission of drug related feloniesReal Estate
Civil forfeitures are subject to review under this provision. Supreme Court left it to the states to determine whether a forfeiture is excessive. Many states prohibit criminal forfeiture of homestead property.Eighth Amendment Excessive Fines Clause
Confinement for violent offenders. State prisons are operating at or just below capacity. Federal prisons operate above capacity. Judges respond by imposing limits on prison population and scrutinizing conditionsIncarceration
Judges have broad discretion. Goal to rehabilitate offenders while protecting the public. Unlimited searches, no alcohol, no procreation, no access to internet, polygraph testConditions of Probation
David Oakley pleaded guilty to intentionally refusing to provide child support for his nine children. Placed on probation so he could work and make money to support his children. Could not father anymore children until he could demonstrate.State v. Oakley

Section 2

Question Answer
Supreme Court declared Georgia's death penalty unconstitutional. Many thought this might be the end of death penalty. Focused on the unlimited discretion the state placed in the trial juries.Furman v. Georgia
Supreme Court upheld Georgia's revised death penalty. States that retained the death penalty modeled their statutes after Georgia. The rate of executions increased after the Gregg decision.Gregg v. Georgia
Executions are carried out in the state where sentence imposed. If that state does not have the death penalty, they will be transferred to a state that does. Ex: Timothy McVeigh executed in IndianaFederal Death Penalty
Enacted in 1994. Outlines aggravating and mitigating factors for imposition of the death penalty. Act dramatically increased the number of federal crimes eligible for the death penalty.Federal Death Penalty Act
Supreme Court prohibiting the death penalty for the crime, rape. Suggests that the death penalty is only appropriate for crime that result in taking of human life.Cocker v.Georgia
Reduced by the number of years between sentencing and execution of sentence. Acts as retribution and incapacitationDeterrent Effect
Supreme Court ruled the constitution forbids executing a juvenile who is 15 or youngerThompson v. Oklahoma
Supreme Court held that a juvenile 16 or older could be sentenced to deathStandford v. Kentucky
Supreme Court forbade the execution of anyone who was 18. Based on the emerging national consensus.Roper v. Simmons
Constitution forbids execution a person who is legally insaneFord v. Wainwright
U.S. Supreme Court determined that once a prisoner makes a preliminary showing that his current mental state would bar his execution, he is entitled to a hearing to determine his condition.Panetti v. Quaterman
Supreme Court ruled not a violation of eighth amendment. Juries must be allowed to consider handicap as a mitigating factor is sentencing phase trialPerry v. Lynaugh
Supreme Court determined there was sufficient national consensus for the court to prohibit execution of the mentally handicapped as violation of the eighth amendmentAtkins v. Virginia
Supreme Court upheld that the method, lethal injection, used by most state to employ lethal injectionBaze v. Rees
Sets forth the defendant's history of delinquency or criminality, medical history, family background, employment history, etc. Obtained by probation officers who interview family, friends, etc. Can order physical and mental exams.Presentence Report
Will be held after the PSI report is completed. Court considers evidence at trial, the PSI report, evidence offered by either party in aggravation or mitigation of sentence, and statement from the defendant. Will hear sentencing recommendations. Counsel must be supplied to indigent.Sentencing Hearing
Stage at which the court imposed a penalty. Usually pronounced by the same judge who presided a trial.Pronouncement of Sentence
Pronouncement of sentence. Penalty imposed right after trial.Misdemeanor Cases
Pronouncement of sentence. Penalty delayed until after the PSI report is completed and hearing trialFelony Cases
Defendants opportunity to make a statement on his or her own behalfRight of Allocation
If the penalty includes incarceration, the defendant will get a credit for any time spent in custody during the pendency of the matterCredit for time served
Judges can suspend the imposition of sentence and impose other conditions of release. If the defendant violates the conditions, can be resentenced. Typically used for nonviolent offenses.Suspended Sentence
When sentenced on more than on offense, the penalties can run at the same time.Concurrent Sentences
When sentenced on more than one offense, the penalties will run back to backConsecutive Sentences
Victim Impact Statements. Bifurcated trial. Jury hears evidence in aggravation or mitigation. Jury must find a reasonable doubt that the aggravating favors outweighs the mitigation.Sentencing in Capital Cases
Covers the physical, economic and psychological effect of crimeVictim Impact Statements
Supreme Court struck down law allowing victim impact statementsBooth v. Maryland
Supreme Court reversed decision in Booth to allow victim impact statementsPayne v. Tennessee

Section 3

Question Answer
Limited to the maximum statutory term of confinement for the offense. Often combined with a fine, restitution, or term of incarceration. Supervised or unsupervised.Probation
Indigents may have the right to have counsel appointedGagnon v. Scarpelli
Legislative mandates that require a minimum amount of time for certain crimes often used for violent crimes, especially those using a firearm. Federal law requirement for many drug crimesMandatory Minimum Sentencing
Automatic increased penalties. Typically for repeat felony casesHabitual Offender
Variation of the habitual offender statutes. 1994 overwhelming support of the measure in California which called for 25 years to life for persons convicted of third "serious" felonyThree Strikes
Mandatory life sentence for third "serious violent felony"1994 Federal Crime Bill
Movement in the 1980's to close the gap between sentences and actual time served. Prior to enactment of these laws, defendants served less than 50% of their sentences.Truth in Sentencing
Toughened federal sentencing policies. Abolished parole, ended good time credit, and prohibited suspended sentences. Only applied to the federal courts.Federal Sentencing Reform Act of 1984
Provided federal grants to states that conformed to federal guidelines. Mandates serving 85% of sentence imposed.Violent Control and Law Enforcement Act of 1994
Extending penalties based on the characteristics of the crime or victimPenalty Enhancement
U.S. Supreme Court determined that any fact that increased criminal punishment beyond the statutory maximum must be proven beyond a reasonable doubt.Apprendi v. New Jersey
Attempt to end disparity in sentencingSentencing Guidelines
Created detailed guidelines for prescribing appropriate sentences. Act created the U.S. sentencing commission.Sentencing Reform Act of 1984
U.S. Supreme Court relegated the sentence guidelines to an advisory positionUnited States v. Booker
Early release from prison for inmates who could demonstrate to a parole board a willingness to conform their conduct. Practice is being abolished due to truth in sentencing statutesRevocation of Parole
Allows victim to be present at all hearings, notification, reimbursement from the state, victim impact statements.Uniform Victims of Crime Act
Making a comeback. Some states have created funds to reimburse victims if defendant cannot payRestitution

Section 4

Question Answer
Standard of fairness and procedural regularity. Reflected in the opportunities available to defendants in criminal cases to seek judicial review of adverse court decisions.Appeal
Must make law due to gaps in statutory law and the need to interpret both statutory and constitutional provisionsLawmaking
Party who takes an appealAppallent
Party against whom an appeal is takenAppellee
Party who seeks further appealPetitioner
Party against whom further appeal is takenRespondent
Any act of the trial court objected to by the defendant during pretrial, trial, or post trial states of the proceedings Challenged on appeal
Those errors that undermine confidence in the system. More liberal in reviewing in a capital crime.Fundamental Errors
Pretrial violations, Procedural matters, Interpretations of law, Reasonable of sentence, Voluntariness of guilty plea, Prosecutorial misconductAssignments of error Point of Appeal
Appellant must show some prejudice resulted from the error and that the outcome of trial or the sentence imposed would have been different but for error. Typically must be a substantial error. Not about technical error.Doctrine of Harmless Error

Section 5

Question Answer
In trials where no record is made, generally the defendant is entitled to an appeal by law. Granting of a "new trial". Appeal is held in a trial court of superior jurisdiction. Common in many misdemeanor cases.Trial De Novo
A defendant whose conviction has been sustained by an intermediate court may petition a court of last resort for discretionary reviewWrit of Certiorari
At least four of nine justices must vote to place a case of the docketRule of Four
Defendant often released pending the appealGovernment Appeals
Judges the discretion to dent bail if the defendant poses a threat to the community or there is a high flight risk. Defendant has the burden of proving entitlement to bail.Bail Reform Act of 1984
Supreme Court determined that states must provide counsel to indigents convicted of felonies who exercise their statutory right to appealDouglas v. California
Supreme Court held that a state's failure to provide counsel to a defendant seeking discreationary review did not violate the constitution.Ross v. Moffitt
Supreme Court invalidated a state rule that allowed appointed counsel to withdraw by merely stating the appeal had no merit.Anders v. California
Supreme Court ruled that a "no merits" brief satisfied the Anders requirementSmith v. Robbins
Supreme Court determined that the Sixth Amendment does not provide the right to self-representation for appealsMartinez v. California Court of Appeals
Address procedural issues such as filing deadlines, consolidation, expedited considerations, etc.Motions
Summary of the relevant facts, issues and relevant legal argumentSubmission of Briefs
Counsel for both parties summarize their positions and answer questions from the bench.Oral Argument
Panel of judges that heard the case confer to discus the facts and legal issuesJudicial Conference
Judgement of the lower court remains undisturbedDismiss the Appeal
Preserves the judgement of the lower courtAffirm of the Decision
Usually accompanied by an order to remand the east to the lower court for further proceedings consistent with the appellant court's opinionReverse the Judgement
Represents the court as a wholePer Curiam Opinion
Authored by one judge and joined by other judges constituting a majorityOpinion of the Court
Judge's opinion who disagrees with the majorityDissenting Opinion
Judge who agrees with the court's conclusion but for different reasons or wants to address additional points of lawConcurring Opinion
Designed to address some misstatement of material facts or to direct the court to overlooked or misapplied lawMotion for Rehearing
A party can request that all judges of the court participate in a rehearingEn Banc Hearing
Meaning "you have the body". Writ issued by the court requiring justification for holding someone in custody.Writ of Habeas Corpus
Framers specifically recognized habeas corpus as a fundamental rightArticle I, Section 9
Recognized federal courts power to issue writs for federal prisonersJudiciary Act of 1789
Cannot challenge search and seizure if granted opportunity for full litigation in state courtStone v. Powell
Cannot challenge jury instruction if failed to object during trialEngle v. Isaac
Failure to develop a claim in state court can only be challenged if a fundamental miscarriage of justice would resultKeeney v. Tamayo-Reyes

Section 6

Question Answer
Curtails second hebeas corpus petitions by state prisoners who have already filed in federal courtAnti Terrorism and Effective Death Penalty Act of 1996
U.S. Supreme Court upheld the statute. Law interpreted to preserve the right to file habeas corpus petitions directly to the Supreme Court but only in "exceptionally circumstances"Felker v. Turpin
U.S. Supreme Court held that a belated claim of innocence does not entitle a state prisoner to a federal hearing before being executeHerrera v. Collins
U.S. Supreme Court held that claims of innocence coupled with assertions of constitutional violations may justify federal hearing to prevent a miscarriage of justiceSchlup v. Delo
U.S. Supreme Court ordered the U.S. District Court to make findings of act if new evidence established the innocence of a man on death row for a criminal conviction 18 years earlierin re Davis
Uniform constitutional standard for determining ineffective assistanceStrickland v. Washington
Grants the president with the right to grant reprieves and pardonsArticle II, Section 2, Clause I

Recent badges