2/15/08 - • Doesn’t want jury to feel racism •...

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Gideon v. Wainwright (1963) 6 th amendment guarantees defense and council Powel v. Alabama (1932) o In all trials where a capital punishment was at stake, the accused has the right to council Only when life is at stake o 9 trials in 3 days for a capital case o Convictions overturned by supreme court o 9-0 ruling Johnson v. Zerbst (1938) o The poor have a right to lawyers have a right to a lawyer in all cases capital or not, if it is federal jurisdiction The right to council is a civil right, not a human right Betts v. Brady o Was not unconstitutional to not have council Precedent- Powell v. Alabama (1932) Johnson v. Zerbst (1938) Overturns – Betts v. Brady (1942) Culminates Incorporation Debate McClesky v. Kemp (1987) Court is deeply divided Court 5-4 Dissents are deeply divided o Agree in part and disagree in part
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Supreme Court is not a court of facts o They accept the correlation shown in Baldus Data
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Unformatted text preview: • Doesn’t want jury to feel racism • Precedents-Furman v. Georgia (1972) • The death penalty cannot be imposed arbitrarily • Gregg v. Georgia (1976) • Established a variety of standards for death penalty cases • Kept death penalty from being applied arbitrarily • Didn’t overturn Furman, but created a “test” for death penalty • Laws had to establish specific limited type of murder cases where death penalty could be applied • Required judge to give specific guidelines to jury • Death penalty cannot be mandatory Brennan Part I Parts II-V (8 th Amendment) Marshall Marshall Blackmun Stevens Blackmun Parts I-IVA Part IVB Marshall Marshall Stevens Stevens Brennan Baldus Study Death Penalty Imposed Black Defendant White Defendant Black Victim 1% 3% White Victim 22% 8%...
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This note was uploaded on 04/09/2008 for the course DOC 2 taught by Professor Wimberley during the Spring '08 term at UCSD.

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2/15/08 - • Doesn’t want jury to feel racism •...

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