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164 0 obj produced confusion. INVOLUNTARY PLEAS (Alford pleas)
Most states allow Ds to plead guilty despite claims of innocence, so long as the Prosecution has a strong factual basis to support the conviction. Right to speak
Parties: both have a right to speak; D can intro mitigating evidence. Wainwright v. Sykes*: Rejected the sweeping language of Fay v. Noia, which would make federal habeas review generally available to state convicts absent a knowing and deliberate waiver of the federal constitutional contention. Remorse
McCleskey*: Is the death penalty a denial of due process and equal protection given evidence of its racially discriminatory application?
In the contexts of both multiple punishments
A second option is an indeterminate sentencing system. The truth of any accusation against a D should be confirmed by the unanimous suffrage of 12 equals and neighbors. The Court said that the government may prosecute an individual for more than one criminal offense stemming from a single course of conduct only when each offense requires proof of a fact … A motion for the goose is a motion for the gander. FBI and state authorities cooperated and shared information, which is conventional practice. Out of court info: Parties must have access to pre-sentence report and opportunity to comment/object with witnesses. HARMLESS. 0000014896 00000 n
Missouri v. Hunter, 103 S. Ct. 673 (1983) Jeffrey M. Kotz University of Baltimore School of Law Also, Prosecutors can withdraw a plea bargain any time before it is accepted by a court. Second, even after the initiation of adversarial proceedings, the government must allow a defense attorney to participate only during a “critical stage” of those proceedings. At issue is state post conviction relief. 0000001602 00000 n
Duplicity is generally not fatal to the indictment (United States v. Droms, 566 F.2d 361, 3633 n.1 (2d Cir. Prosecutor then charged him with robbery against Victim 2. If the same or different false statements appear in more than one document, multiple counts are warranted. WHO IS BOUND BY PLEA AGREEMENTS? Statistical evidence not enough, unless the evidence “compels a conclusion that purposeful discrimination can be presumed to permeate the system.” 2) Discretion – on the part of the Prosecutor, Jury and Judge – offers substantial benefits to the D.3) The study only indicates a discrepancy that appears to correlate with race. They accept negotiated please in the ordinary course of events, either because such a system produces good results or because it is inevitable. Result: Judges prefer charge bargains; skeptical of sentence bargains. RULE 11: 3 essential ingredients for a valid plea of guilty (“open” or “negotiated”):
Plea must reflect a knowing waiver of trial rights;
The D must waive those rights voluntarily; and
There must be an adequate “factual basis” to support the charges to which the D pleads guilty. Voluntariness
Bouie: Although disclosure of freely available info by judges is not inherently coercive, here the judge’s long explanation of Ds prospects undermined D’s realistic choices. It is wholly inconsistent with this Court's
Test – totality of circumstances = delay was prejudicial and unreasonable? OTHER SETS BY THIS CREATOR.
Avoid costs and disruptive effects of new law. Huge administrative costs, undermines legitimacy of first round proceedings. Brimage: Prosecutorial guidelines cannot specifically encourage inter-county disparity.
Rehnquist, C. J., filed an opinion concurring in part and Motion for new trial: effectively an appeal to the trial court; denied in the overwhelming majority of cases. Wilcox, 2002
D objected to absence of some grand jurors. A law can be discriminatory in INTENT, either at the point of creation or when it is applied. Balance between right to counsel for non frivolous claims / needless public spending. Others, doubting that an outright ban is feasibly, still encourage a clear shift to more short trials to resolve criminal charges. Allen charges: When a jury hasn’t come to a consensus, the minority jurors are told that they should be open to reassess their position, but not feel pressured to change their minds. Discovery Ethics
Majority rule re incriminating testimony: If the defense lawyer receives incriminating testimony from a client, the attorney-client privilege and the self-incrimination clause combine to prevent the attorney from revealing that information to the government. Duren, 1979 SUPREME COURT
TEST to challenge a venire under the 6th A
First, the D must show that:
The group allegedly excluded is a “distinctive group” in the community;
This under-representation is a result of “systematic” exclusion of the group (not necessarily intentional discrimination)
Second, the burden of proof shifts to the government to show a “significant state interest” that justifies use of the method that systematically excludes a group. two crimes were different offenses under the Blockburger test.
Avoid re-traumatization of victims/ witnesses. Counsel successfully steered a course between the Scylla of inadequate advice and the Charbodis of coercing a plea. Alford, 1970 SUPREME COURT
The standard for valid guilty plea remains if plea was a VOLUNTARY AND INTELLIGENT CHOICE. Yet, the same elements test permits multiple prosecutions stemming from a single incident. Maintaining your innocence doesn’t negate this. If double punishment is what is feared, it hurts no less for two “sovereigns” to inflict it than for one. Confrontation has 4 elements:
Disguise undermined jury and D’s ability to observe witness’s demeanor. 3. A D’s confession incriminated the other D. The trial judge issued limiting instruction, telling the jury that it should consider the confession as evidence only against he Co-D who had confessed. Pro se clerk: decides which post conviction relief petition has merit. Is there a right to counsel in habeas proceedings? Wainwright v. Sykes
Rejected the sweeping language of Fay v. Noia, which would make federal habeas review generally available to state convicts absent a knowing and deliberate waiver of the federal constitutional contention. Will it be necessary to assign defense counsel to the case? Confrontation has 4 elements: Presence, Oath, Cross examination, Demeanor. Violation of right to trial by jury determining beyond a reasonable doubt all FACTS legally essential to his sentence. The Blockburger test is the criminal law equivalent of Milton’s ‘Serbonian Bog… Where Armies whole have sunk.’”
Melissa Nutt, 2004
NEW TEST. Some laws have racially discriminatory EFFECTS, even though the people who create and enforce the law do not intend to burden one racial group more than another and even though they apply the law evenhandedly. 156 0 obj
Based on respondent Dixon's arrest and indictment for possession of Juror misbehavior: “Our present system enlists reluctant amateurs to perform a demanding and unfamiliar job, in secret, with little accountability. that double jeopardy did not require dismissal of a five count
Under the Blockburger test, a defendant may be convicted of two offenses arising out of the same criminal incident if each crime contains an element not found in the other. Lawyers w/ a client who intends to commit perjury must:
Try to dissuade client, or
Withdraw from the case, or
Allow D to present testimony in narrative form. United States v. Universal C.I.T. Credit Corp., 344 U.S. 218 (1952); Ebeling v. Morgan, 237 U.S. 625 (1915). 0000004931 00000 n
Disadvantage: Could generate a race to the bottom, w/ competition to provide services as CHEAPLY as possible.
Why? Scher: Duck shooting, infidelity case.
FEDERAL HABEAS CORPUS REVIEW OF STATE CONVICTIONS
Fay gave lower federal courts broader authority than ever before to review state convictions and was overruled. Decision: Bail Reform Act and preventive detention constitutional
Due process challenge: The Government’s regulatory interest in community safety can outweigh an individual’s liberty interest, including restraining an individual’s liberty prior to or even without criminal trial and conviction. PROSECUTORIAL GUIDELINES/ POLICIES
Some states that don’t have constitutional or statutory limitations on filing cases already prosecuted in other places nonetheless have INTERNAL prosecutorial rules or guidelines limiting successive prosecutions. establish an essential element of an offense charged in that Substantively, relief has been held to require that the supporting evidence be NEW, MATERIAL, NONCUMULATIVE AND, MOST IMPORTANTLY, OF SUCH CONCLUSIVE CHARACTER AS WOULD PROBABLY CHANGE THE RESULT ON RETRIAL.
Dissent: One of the main rationales for the bar on ex post facto laws is that such laws destroy a reliance interest. <>/Border[0 0 0]/Rect[243.264 230.364 420.048 242.376]/Subtype/Link/Type/Annot>>
4-8. If YES,
Ask second: Did you not follow the adequate and independent state rule because you had “cause” (good reason)? By pleading guilty, they sell these rights to the prosecutor, receiving concessions they esteem more highly than the rights surrendered. Deterrence is more effective if people know ahead of time exactly how offenses are punished. Colin, a police officer, just happens to be driving by with the window of his patrol car open. Reprieve: President gives D more time to fight against sentence. A motion for the goose is a motion for the gander. lacks constitutional roots. Assigned counsel systems
Courts appoint private attorneys as needed from a list of available attorneys. Ineffective assistance
Herrera*: There is nothing unconstitutional about an unjust conviction because the Constitution doesn’t protect you against being wrongfully convicted. The District PROSECUTORIAL SCREENING – HUGE DISCRETION
Prosecutors have enormous discretion re whether to file charges against a suspect and which charges to select. Lynch: Oklahoma statutes limiting attorney compensation not unconstitutional for denying lawyers right to adequate and certain compensation.
No felons or conflicts of interest.