CRJ 117 exam 2
snyder vs LA
- limiting the race neutral explanation to reasonable/ plausible
sentencing types
- maximum=sentence represents the outer limit of a punishment -minimum=sentence represents the minimum punishment -determinate=for a fixed period of time -mandatory=Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the -three strike your out legislation=third strike 25 years to live -indeterminate= rather than stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time -presumptive sentencing guidelines= sentencing decisions on various aspects of the crime and the offender history -US sentencing commission= designed to achieve honesty, uniformity, and proportionality -mandatory minimum=minimum penalty for particular offense -truth sentencing act of 1997
furman v georgia
8th and 14th amendment contested
Atkins v virgina
Killing mentally retarted: outlawed those with mental retardation
swain v alabama
excepted peremptory challenge on racial systematic/ pattern of exclusion proved by defendant
Avery v georgia
nullifying notation of white/ black jurors on white/ yellow cards
Batson v kentucky
prima facie case of racial exclusion by defendant and burden shifts to prosecutor to show race neutral explaination
johnson v california
prison gang segregation by race is unconstituional
fulwood vs clemmer
recognizing the black muslim religion with nation of islam movement and corresponding law suits, or prison mis management
jury selection process
residency, citizenship, literacy, age/adult, no criminal conviction, sound mind/body, volunteer
gregg v georgia
statutory application of guided discretion challenged
6th amendment
- guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations
14th amendment
-The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War
bail
-a guarantee to appear in court until end of the case, protected under the 8th amendment, unless in revocation of probation, previous bail violation, danger to society, and flight risk
bail types and conditions
-cash or 3rd party -residency, prior record, family status, education
legal representation types
-private -public defender -assigned court appointment -contract
8th amendment
-prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause also applies to the states
powell vs alabama
-the United States Supreme Court reversed the convictions of nine young "ignorant and illiterate" black men for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial. -Before Powell, the Court had reversed state criminal convictions only for racial discrimination in jury selection — a practice that violated the Equal Protection Clause of the Fourteenth Amendment.[1]
sentencing on minorities harshly than whites
-young and male -unemployed -lower incomes -less education -detained in jail prior to trial -public defender than private attorney -convicted of trial rather than plea -more serious previous crime records
roper v simmons
killing juveniles: outlawed death penalty; 22 executions of juveniles at the time of the crime
