Crim. pro.-5th-6th-8th

Crim. pro.-5th-6th-8th - Criminal Procedure Sixth...

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Unformatted text preview: Criminal Procedure: Sixth Amendment "In all criminal prosecutions, the accused shall...have the assistance of counsel...." in which jury trial is conducted Involves courtroom environment and the manner Warren Court would consider six of eight specific guarantees in 1960s Right to Defense Counsel Guarantee of an attorney in state capital cases Powell v. Alabama (1932) No requirement of courtappointed counsel in noncapital cases Next two decades22 states required appt. of Betts v. Brady (1942) attorney for poor defendants Gideon v. Wainwright (1963) [Reader, pp. 105107] Indigent defendant accused of a felony; no attorney appointed; convicted & sentenced Does 6th Amend. require attorney appointed in all state criminal trials? YES Justice Black: "...lawyers in criminal courts are necessities, not luxuries." Overruled Betts v. Brady (1942) Retroactive to inmates with no lawyer at trial Development of Law after Gideon Argersinger v. Hamlin (1972) Burger Court extended right to counsel to all misdemeanors involving imprisonment Alabama v. Shelton (2002) Does 6th Amend. require counsel in trials where defendant receives suspended sentence? YES required if imprisonment is possible Protection against "coerced confessions" "No person shall be...compelled in any criminal case to be a witness against himself" Malloy v. Hogan (1964) and Escobedo v. Illinois (1964)--protection against selfincrimination is a Fifth Amendment: fundamental right--applied to states ...But unclear about how to apply procedural guarantees Miranda v. Arizona (1966) [Reader, pp. 117119] Are statements obtained w/o 5th Amendment safeguards admissible in state criminal court? NO CJ Warren (54) right to remain silent/refuse to answer questions anything you say may be used against you in court can stop answering questions at any time right to consult with an attorney if unable to afford attorney, one will be provided do you understand these rights? Suspect must be informed of: Developments after Miranda: Developments after Erosion of protections 1968--Crime Control & Safe Streets Act--attempted to overrule Miranda if confession were "voluntary" (Section 3501) 1970s--improperly obtained confessions could be used to impeach credibility of defendant 1980s--police may not have to give warnings if danger to public safety exists 1989--precise wording of warnings not needed 1991-- Arizona v. Fulminante --evidence of coerced 1991-- confession does not always invalidate conviction; "harmless error rule" may apply Dickerson v. United States (2000) w/o Miranda warnings, defendant confessed to participating in several robberies; tried to suppress statements Was Sect. 3501 of federal law an unconstitutional attempt to overrule Miranda? YES (72) attempt to overrule CJ Rehnquist: "...Miranda has become embedded CJ Rehnquist: "... in routine police practice to the point where the warnings have become part of our national culture." Eighth Amendment: Death Penalty Protection against "cruel and unusual punishment" Furman v. Georgia (1972)--Court struck down state death penalty as then practiced Considered "arbitrary and capricious" States revised death penalty laws: 10 made it mandatory 25 adopted two phases -- trial & punishment Gregg v. Georgia (1976) Does 8th Amendment prohibit death penalty? NO (72) Justice Stewart: "...capital punishment is an expression of society's moral outrage at particularly offensive conduct. ...Essential in an ordered society that...[relies] on legal processes." Justice Brennan's dissent: "State ...must treat its citizens in a manner consistent with their intrinsic worth as human beings...." Developments in Death Penalty after Gregg Death Penalty after No mandatory death penalty Separate stages for trial & punishment Resumption of executions in 1977 Automatic appeal of a death sentence 1988--struck down a death sentence for a crime committed at age 15 yrs. 1989--allowed death sentence for crimes committed at 1617 yrs. Old 1989--upheld execution of mentallyretarded Atkins v. Virginia (2002) [Reader, pp. 119123] Inmate was convicted of capital murder; IQ of 59; diminished capacity to appreciate criminality of his conduct Has a national consensus against execution of mentally retarded emerged such that these executions violate 8th Amendment? YES (63) Justice Stevens: "...We are not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty." Roper v. Simmons (2005) Since late 1980s, Court has permitted execution of juvenile offenders 1617 yrs old. Does the 8th Amend. prohibit execution of juvenile defendants convicted of crimes committed before the age of 18? YES (54) "Evolving standards of decency" Juvenile personality is more immature, vulnerable, and less wellformed than adult Decision meant that 72 juvenile death row inmates would serve life imprisonment Majority Opinion in Roper Justice Kennedy "...the [US] now stands alone in a world that has turned its face against the juvenile death penalty." "When a juvenile offender commits a heinous crime, ...the state cannot extinguish his life and his potential to attain a mature understanding of his own humanity." Data on Death Row in US-- State Death Row Inmates 3,350 (a/o January 2007) Largest state death rows CA660; FL 397; TX393; PA226 State Executions: 1,099 since 1976 (a/o Sept 28th) TX 405 (37%) VA 98 (9%) South leads US in executions 901 (82%) Public opinion? a/o March 2007, public was divided between death penalty (41%) and life in prison (44%) when asked to choose March 2007 Pew Research Poll 64% overall support for death penalty; down from 80% in 1994. Increasing conflict over death penalty racial issues; age; mental faculties; effectiveness of counsel; method of execution ...
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