Week 12 Notes
Week 12 Notes CJ 461
Popular in Criminal Law II
Popular in Criminal Justice
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 19 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.
Reviews for Week 12 Notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
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
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'