LS 170 Week 6
LS 170 Week 6 LegalSt 170
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This 3 page Class Notes was uploaded by Brianna Alleyne on Saturday October 1, 2016. The Class Notes belongs to LegalSt 170 at University of California Berkeley taught by Richard Perry in Fall 2016. Since its upload, it has received 8 views. For similar materials see Crime and Criminal Justice in Legal Studies at University of California Berkeley.
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Date Created: 10/01/16
September 26, 2016 ● Right to represent yourself ● After Lombroso ○ Biological theories ■ The criminal individual is radically different from the noncriminal in observable, physical ways ■ Some are born criminals ○ Italy wasn’t a country into the late 80s ■ Split into many different regions ○ Father of racial profiling ○ Criminal “type” ■ Defense attorneys coach their clients on how they should dress and groom themselves ○ Underlying logic ■ Atavism (any trait that we have that represents earlier stage of evolution), defective genes lead to mental and physical inferiority and then to inability to learn and follow legal rules to lastly criminal behaviors ■ Criminals at their nature are atavism which means they didn’t evolve like the rest ○ Lombroso ■ “Positivism” was directly opposed to Classical theory ■ Criminality was biologically innate and heritable marked on the body ■ Provide foundations for criminal law and procedures ○ Methods ■ Observe physical characters of Italian prisoners and compare them to Italian soldier ○ Significance of tattoos ■ Most born criminals have them ■ Insensitive to pain ○ Lombroso “women” ■ Inherently less evolved than men ■ Women have fewer crime rate than men ■ Women are naturally vengeful and jealous September 30, 2016 Ch.13 ● Initial appearance ○ defendant has the right to be seen by a judge in the first 48 hrs ● Arraignment ○ Defendant brought before a judge, is informed of the charges,and required to enter a plea ○ Four pleas ■ Not guilty ■ Not guilty by reason of insanity ■ Nolo contendere/no contest ■ guilty ● Pretrial ○ Trial doesn’t start unless have a jury ○ Change of venue ● Aninformation ○ Probable cause is determined by prosecutor ● All felony cases need to be seen by a grand jury ○ Produce indictment Discussion ● Hypothetical Case ○ Case logistics: ■ D resident of Caltopia, uses a bad check at a hardware store. He is arrested and the police officer forgets about him for four days. Finally, he sees a judge and gets a misdemeanor and can’t get lawyer. D was denied bail and then meets a lawyer in jail and l was drunk at pretrial negotiation so he gets a horrible negotiation. Pretrial: get a plea bargaining and the prosecutor threatens d that he would give him life in prison if doesn’t take the plea. He doesn’t and then gets life ○ 4 complaints ■ D is unhappy that he was left in jail for so long and then denied bail ● Right to speedy trial ● Within the 48 hrs after being arrested, you need to establish probable cause ○ Mclaughlin case ● Negligence case ○ Deprived food and water for 4 days ● Constitutional bail is not a right so if got bail it would be up to the state and can’t be unreasonable ● Schilb and stack ○ Fundamental right to have bail ○ Presumptional innocence ■ D is unhappy about the judge’s refusal to appoint him a lawyer ● Miranda’s right ● 6th amendment to 14th amendment ○ Appeals to all criminal proceductations ■ Arksin ger ○ Applies to all critical states ■ Pretrial ■ Trial ■ post trial ● Gideon case ■ D is unhappy with L’s advice at plea bargaining negotiations ● Ineffective assistance of counsel ● 6th amendment ● How do you claim counsel is ineffective ○ Strictlin ■ 2 part test ● L awyer performance ● p rejudice ■ D is unhappy that the prosecutor reindicted him under a habitual offender law after he refused to plead
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