Review Questions

What must a defendant show on appeal to be successful with a claim of ineffective assistance of counsel at trial?

1. Representation must be extremely inadequate. 2. Defendant was actually harmed by the lack of adequate counsel.

What is habeas corpus?

A judicial mandate to a prison official ordering that an inmate be brought to court to determine whether he was imprisoned lawfully and whether or not he should be freed. The petition must show that the court made a legal or factual error. Usually filed by prisoners. It is a way to make sure that state courts pay attention to federal constitutional rights.

What happens if an officer fails to read a defendant his or her rights before obtaining a confession?

Any statement obtained by the accused is inadmissible at trial to prove guilt.

May victim impact evidence be considered by sentencing courts?

As long as it is not so prejudicial that the sentencing becomes unfair and violates due process. Otherwise it may be admitted even if not related to facts surrounding the crime.

Why must law enforcement officers obtain a court order to intercept a telephone conversation using traditional line phones and not a conversation using a cordless phone?

Cordless phones use radio waves, which are broadcast in all directions and are subject to being received by countless people, and therefore the person cannot have a reasonable expectation to privacy.

What rights are encompassed by the Confrontation Clause?

Defendant has the right to be present at trial and to cross-examine the witnesses of the prosecution.

Kevin has been charged with murder. He believes a weapon that the prosecutor plans on using at trial was unconstitutionally seized from his home. How can he raise this issue prior to trial?

File a motion to suppress evidence based on fourth amendment under unreasonable search and seizure clause.

What is the difference between an indictment and an information?

Indictment: A sworn written accusation of a crime made against a person by a prosecutor to a grand jury. Information: A formal accusation of a crime made by a prosecuting attorney.

What is a protective sweep?

The brief and limited warrantless search of an arrestee's home if they are arrested therein. Its purpose is to check for other persons who may pose a danger to arresting officers.

In what way did Katz v. United States change Fourth Amendment law?

The case changed the rule for determining whether a search occurred. Fourth amendment protects people not places. (1) Individual must have a subjective expectation of privacy; (2) that expectation must be objectively reasonable. Katz argued that the recording of a public phone conversation was in violation of the fourth amendment (unreasonable search and seizure); Supreme Court ruled in his favor. no bugging, tapping or e-surveillance when person has expectation of privacy. Evidence obtained is inadmissible at trial.