Exam 3 review - Exam III Study Guide Writ of Habeas Corpus...

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Exam III Study Guide Writ of Habeas Corpus- Writ requesting that a person or institution detaining a named prisoner bring him or her before a judicial officer and give reasons for the detention Federal Judiciary 1. United States Supreme Court 2. Circuit Courts of Appeal 3. Federal District Courts State Judiciary 1. State Supreme Court 2. State Appellate Courts 3. State Trial Courts How does a state court case reach the Supreme Court? -Through the appeal process Differences between federal/state courts 1. different procedures in courtroom 2. differ in rules of evidence 3. matter of jurisdiction U.S. Attorneys- a position of patronage (political). Appointed by president, approved by senate Attorney General - Highest ranking in the Dept. of Justice Primary Duty of Defense Counsel = to protect the client w/ utmost ability Three Roles of the Defense Counsel 1. advocate 2. intermediary 3. learned friend Three Decisions that are made with the Client
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Unformatted text preview: 1. Judge or Jury? 2. What plea? 3. Will client testify on stand? Stages of Trial = Motions Gideon Decision = 6 th Amendment right to counsel There are 9 justices in the Supreme Court, this is so there are no ties Plea Bargain- agreement made between defense and prosecution for certain leniencies in return for a guilty plea. Challenges of Jury/Voir Dire 1. Challenges for Cause 2. Premerlery Challenges Prosecution always goes first because it presents the evidence and has the burden of proof Direct Examination- witnesses on stand, with cross examination, use leading questions First thing the jury does = select a foreman-an administrator and a go-between with the judge Purposes and Goals of Sentencing 1. Retribution 2. Prevention a. Incapacitation b. Deterrence c. Rehabilitation Last free country with Death Penalty = USA...
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  • Fall '07
  • Law, Supreme Court of the United States

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