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PLG 270 Quiz 2

19 cards·by davidara28
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Strickland v Washington
Ineffectiveness of counsel. Fell below standards, Performances effected result negatively
Mitigators
Positive Sentencing elements
Aggrevator
Negative sentencing elements
Open Fields
area beyond one's curtilage, no expectation of privacy
curtilage
Imidiate area around a dwelling, closely associated. Is expectation of privacy.
Arizona v. Gant
Inventory search
Terry v Ohio
Person can be stopped and searched w/o a warrant if dangerous or believed to commit a crime.
Inevitable Discovery
Evidence available to public, would have been found anyway
Exclusionary Rule
eveidence cannot be admitted if violated constitutional rights
Kyllo v. US
Thermal imaging, expectation of privacy, unconstitutional
Katz v US
Phone booth, expectation of privacy
4th Amendment
no unreasonable searches or seizures, must have warrant, secure in papers and effects.
5th Amendment
Double jeopardy, due process, no self incrimination
6th Amendment
Right to speedy trial, impartial jury of your peers, right to counsel, know what you are charged with.
14th Amendment
Makes 4,5,6 applicable to states, everyone treated equally.
Gideon v Wainright
Right to counsel, given if cannot pay
Evidence must be...
Material and relevant, no hearsay, no prejudicial, no eveidence of prior crimes, no character evidence, no privileged communication.
2 types of eveidence
direct and circumstantial
Trial rights
presumption of innocence (no handcuffs@trial), R to confrontation(confront accusers), Right to testify , public/speedy trial, counsel