Prelaw final

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jnez10
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85529
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Prelaw final
Updated:
2011-05-12 19:38:30
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  1. Loving v. Virginia
    • 1967
    • Facts: Loving (black) married white man in DC, went back to Virginia. Police came while sleeping and caught them. Arrested for violating RACIAL INTGRITY ACT. Convicted judge sentenced them to jail but would postpone 25 yrs if they moved. They did then appealed
    • Issue: Does statute adopted by state of VA to prevent marriages between persons solely on race violate equal protection?
    • Holding: Found racial integrity act to be unconstitutional and ended all race-base marriage acts
  2. Gideon v. Wainwright
    • 1963
    • Facts: Goes to jail on allegation of breaking and entering and theft from the pool room in panama city. Asks for attorney but denied b/c it wasn't a capital case and he couldn't afford one. He was forced to act as his own counsel and was found guilty by jury - sentenced to 5 years in prison. Wrote to supreme court from prison cell and said he was denied 6th amendment right to counsel. Was given the best attorney in the country and faced a DA that was fresh out of law school.
    • Issue: Is appointment of defense counsel in criminal cases necessary to establish a fair trial
    • Holding: Justice Hugo black delivered the unanimous opinion and said that where the right to counsel exists, it must be effective
    • Gideon given another trial and found not guilty
    • OVERRULED BETTS V. BRADY
  3. Miranda v. Arizona
    • 1966
    • AFFIRMS ESCABEDO
    • Miranda arrested on circumstantial evidence of kidnap and rape of 18 year old girl. During interrogation, coerced to sign a written confession without an attorney present or knowing his rights.Was convicted at trial to serve 20-30 years.
    • Issue: The admissibility of statements obtained from a def. while in custody or otherwise deprived of his freedom in any significant way allowed in court?
    • Holding: Once warnings are given and def. remains silent, interrogation must stop. Case sent back to lower courts but Miranda convicted on other evidence.
    • 1. Custody-would reasonable person feel free to leave
    • 2. police initiated
    • 3. timing - read miranda upon arrest, upon cutstody
  4. In re Jerrell CJ
    • 2003
    • 14 year old arrested and waived miranda rights. Asked for parents but was denied. Interrogations began. Was deprived of family, locked in bull pen.
    • Issue: Was statement voluntary or involuntary?
    • Holding: All juvenile interrogations must be recorded by audio always and video sometimes. Video when practical (police station, juvenile facility, court house, police functions). If not recorded, case gets thrown out
  5. Edmundson v. Leesville
    • 1991
    • Civil case
    • Facts: Edmondson (black) got hurt at work, out for months. Took company to civil court. Lees attorneys striked the only two black jurors His lawyer (doyle) appealed b/c you can't strike jurors based on race.
    • Made BATSON CHALLENGE (had to be in criminal trial, and the same race as defendant in order to challenge) Judge allowed it anyway.
    • Doyle appealed the case after they lost
    • Took 3 years b/c it was civil
    • 1991 - went to supreme court, had to convince court that 14th amend appled to this
    • -6-3 in favor of edmonsen
    • Holding: Equal protection vioalted b/c peremp challange part of gov't
    • CASE THAT MADE THIS UNCONSTITUTIONAL FOR CRIMINAL AND CIVIL TRIALS
  6. Sentencing
    • 1. Seriousness of the crime
    • - armed? victims? planned? party to crime?
    • 2. Protecting the public
    • - recidividsm? seriousness of offense?services and availability?
    • 3. Character
    • - priors? mental health? remorse? gang? age? social status? education? family? AODA?cooperative?
  7. Congress
    • Madison - self interest motivates gov't
    • System of gov't is meant to make things move slowly
    • - Change is supposed to happen over time
    • Declares war
    • Balances of power on how the 3 branches interact
    • MOST PRESSING ISSUE CONGRESS FACED WAS CIVIL RIGHTS

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