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Week 12 Notes

by: Alyssa Hendrixson

Week 12 Notes CJ 461

Alyssa Hendrixson
GPA 3.0
Criminal Law II
Daniel Clay

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Criminal Law II
Daniel Clay
Class Notes
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This 0 page Class Notes was uploaded by Alyssa Hendrixson on Thursday November 5, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 34 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.

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Date Created: 11/05/15
Adjudication Bail Firstinitial appearance 0 Next step following formal arrest 0 Triggered by Prosecutor filing a complaint Grand jury indictment This changes the process somewhat 0 Required within 48 hours of arrest County of Riverside v McLaughlin Don t forget the McNabbMallory Rule 0 4 primary purposes Notice of criminal charges Notice of constitutional rights 0 Miranda o Pretrial Speedy trial 0 Preliminary probably cause hearing Determination of bailpretrial release Appointment of counsel 0 Plea may be entered at this time Presumptive pleas 0 8th Amendment 0 Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted o Bail 0 Do not have a federal constitutional right to bail Most state constitutionals provide right to bail except in capital cases 0 Primary purpose of bail is to guarantee the defendant s appearance at trial Anything beyond this is excessive minimum standard Only 62 of defendants make bail 0 Surety jurisdictions v money bail jurisdictions ROR rare but effective Importance of bail 0 Avoid pretrial detention presumption of innocence 0 Avoid personal hardship presumption of innocence Assist in own defense Due Process Right 0 Bail reform act of 1984 Creates rebuttable presumption of pretrial release Rebuttable by showing of clear and convincing evidence of 0 Risk of flight Risk to the community Obstruct justice Threaten witnesses or jurors OR certain crimes drugs violence capital cases lf rebutted preventative detention subject to periodic review 0 PreTrial Detention Substantive Due Process 0 Not punitive o Inherently fair Procedural Due Process 0 Clear and convincing evidence subject to crossexamination Procedurally fair 0 United States v Salerno 2009 Denied bail then appealed it violated 8th Amendment Court denied bail again didn t violate any rights Procedurally fair but not guaranteed bail 0 Bell v Wolfish 1979 Presumed innocent Court didn t care that they are being held in a jail and did not have bail Usual conditions for a jail The Right to Counsel 0 Development of the Right to Counsel 0 Powell v Alabama 1932 lndigents incapable of defending themselves 0 Johnson v Zerbst 1938 lndigent counsel in federal cases 0 Betts v Brady 1942 Refused to require indigent counsel in state cases But did recognize a special circumstances test 0 Gideon v Wainwright 1963 States have to provide counsel if indigent Wrongfully convicted because he did not have counsel 0 Scope of the Right of Counsel 0 Attaches when formal criminal proceedings are initiated The initial appearance 0 Attaches at all critical stages of prosecution those that affect the ability to present a defense Arraignmentinitial hearing Preliminary hearing Postindictment lineup Custodial interrogation Plea bargaining Trial Sentencing 0 Does not include Grand Jury or bail Felony v Misdemeanor Offenses 0 Scott v Illinois 1979 Entitled to counsel in misdemeanor crimes unless fined Cannot be sentenced to jail lf counsel is given jail time is possible 0 Porter v McCollum 2009 0 Right to Counsel 0 No counsel no jail o lndingency Determinations Public assistance lncome Available funds 0 No right to select appointed counsel Morris v Slappy 1983 Different for nonindigents Effective Legal Representation 0 Very difficult to prove A reasonable probability that the result would have been different BUT FOR the attorney under the totality of the circumstances PREJUDICE Civil suits must prove actual innocence o Deficient performance minimum standards Knowledge of the law Minimum duty of consultation Duty to investigate Immigrant consequences 0 NonDeficient Performance No duty to break legal rules perjury Strategy receives deference if reasonable 0 Right to SelfRepresentation 0 Known as Prose The idiot for an attorney 0 Judged only have notify defendant of charges right to counsel And of the possible punishment 0 Waiver or right must be unequivocal subject to Notice not last minute decision Competence Disruption can lose the right 0 May still appoint standby counsel


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