The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. Which Supreme Court case most closely relates to the right to an impartial judge? According to
Strunk v.
In which case did the Supreme Court hold that the accused must be provided with counsel during Postindictment lineups?
Wade, 388 U.S. 218 , and Gilbert v. California, 388 U.S. 263
, this Court held “that a post-indictment pretrial lineup at which the accused is exhibited to identifying witnesses is a critical stage of the criminal prosecution; that police conduct of such a lineup without notice to and in the absence of his counsel …
In which case did the US Supreme Court hold that accepting a guilty plea from a defendant who maintains his or her innocence is valid?
The Alford guilty plea is named after the United States
Supreme Court case of North Carolina v. Alford (1970)
. Henry Alford had been indicted on a charge of first-degree murder in 1963.
Which Supreme Court case applied the right to a jury trial to the states?
Louisiana, 391 U.S. 145 (1968)
The Fourteenth Amendment provides a right to a jury trial in criminal cases that would be covered by the Sixth Amendment right to a jury trial if the case were tried in a federal court.
Which term refers to a means of excluding prospective jurors who Cannot be impartial?
peremptory
challenges. a means of excluding prospective jurors with no reason offered; limited depending on the case type and the jurisdiction; cannot be used to excuse prospective jurors based on race.
Which constitutional amendment is most applicable to interrogations and confessions?
Which Constitutional amendment is most applicable to interrogations and confessions?
The Fifth Amendment
protects against: Self-incrimination.
In which case did the Supreme Court hold that in illegally conducted lineup does not invalidate later identification resulting from the independent source?
In
United States v. Wade (1967)
, the Supreme Court held that placing a defendant in a police lineup without his or her attorney present, after he or she had been indicted for a crime, violated the Sixth Amendment.
Which of the following helps ensure a reliable lineup?
Which of the following help ensure a reliable lineup?
The suspect should be permitted to choose his or her place in line
. All persons in the lineup have the same physical characteristics. At least five people appear in the lineup.
What was the ruling in Williams v Florida 1970 )?
Florida, 399 U.S. 78 (1970), is a United States Supreme Court case in which
the Court held that the Fifth Amendment does not entitle a defendant in a criminal trial to refuse to provide details of his alibi witnesses to the prosecution
, and that the Sixth Amendment does not require a jury to have 12 members.
What is the role of plea bargaining in criminal trials?
In plea bargains, prosecutors
usually agree to reduce a defendant's punishment
. They often accomplish this by reducing the number of charges of the severity of the charges against defendants. They might also agree to recommend that defendants receive reduced sentences.
What does the right to a trial by jury mean?
Primary tabs. Under the Sixth Amendment, in all criminal prosecutions, the accused criminal has the right to a trial by
an impartial jury of the state and district in which the individual allegedly committed a crime
.
What protects the right to trial by jury?
The Sixth Amendment
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Who has the right to a jury trial quizlet?
The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to
the parties inviolate
.
Why is the right to an impartial jury important?
An impartial jury is
basic to the judicial system in all criminal cases
. It is this impartiality that enables the jury to analyze the evi- dence and to make a fair and reliable determination of guilt or inno- cence.
What is an effect of Gideon v Wainwright?
Gideon v. Wainwright made an enormous contribution to the so-called “due process revolution” going on in the Court led by Chief Justice Warren. Because of the ruling in this case,
all indigent felony defendants–like many others charged
with misdemeanors–have a right to court-appointed attorneys.
What is another name for trial juries?
A trial jury, also known as
a petit jury
, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.
Which constitutional provisions apply to confessions and interrogations?
United States (1897) the Supreme Court did rely explicitly on
the self-incrimination clause of the Fifth Amendment
in holding a confession inadmissible.
Which Supreme Court case most closely relates to the right to an impartial judge quizlet?
The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. Which Supreme Court case most closely relates to the right to an impartial judge? According to
Strunk v.
Which US Supreme Court decisions are most relevant in the area of confessions and interrogations?
According to the Supreme Court in Miranda v.
Arizona
, involving a man who confessed to rape following police interrogation: the Fifth Amendment protects suspects during custodial police interrogation.
What was the first confession case decided by the Supreme Court?
The first confession case decided by the Supreme Court was
Brown v. Mississippi
(1936), when the Court held that confessions obtained through brutality and torture by law enforcement officials are violations of due process rights.
Which constitutional amendment gives the accused the right to a speedy and public trial quizlet?
In addition to guaranteeing the right to an attorney,
the Sixth Amendment to the U.S. Constitution
guarantees a criminal defendant a speedy trial by an “impartial jury.” This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that …
Which case first established the right to counsel for indigent or impoverished defendants?
March 18 marks the 56th anniversary of the landmark
Gideon v. Wainwright (1963)
Supreme Court decision that granted poor criminal defendants the right to have a lawyer represent them in court in state criminal cases even if they could not afford one.
Which of the following is the constitutional right of an accused quizlet?
The Sixth Amendment
provides that the accused shall have the right to a public trial, the right to confront witnesses against him, the right to cross-examine witnesses, the right to be present at his own trial, and the right to “the assistance of counsel for his defense.” The right to assistance of counsel encompasses …
Which of the following is an accurate description of plea bargaining and the Sixth Amendment right to counsel?
Which of the following is an accurate description of plea bargaining and the Sixth Amendment right to counsel? The Sixth Amendment right to counsel
applies during plea bargaining because charges have already been filed before bargaining commences
.
What is a lineup in criminal justice?
A lineup is a
relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect
. The witness is then asked whether he can identify the perpetrator of the crime.
What was the landmark decision in Williams v Florida 1970 )? Quizlet?
The Court concluded that “
the fact that the jury at common law was composed of precisely 12 is a historical accident, unnecessary to effect the purposes of the jury system and wholly without significance ‘except to mystics
.
What is plea bargaining under CRPC?
Plea bargaining is
a pre-trial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution
. …
Why do most cases end in plea bargains?
Plea bargains
allow prosecutors to avoid trials
, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities.
What plea did the plea bargaining take?
Types of plea bargains
In charge bargaining, the
defendant agrees to plead guilty to reduced charges
(e.g., aggravated assault rather than attempted murder). Sentence bargaining involves assurances of lighter or alternative sentences in return for a defendant's pleading guilty.
What is the issue in Gerstein v Pugh?
The Supreme Court held that the Fourth Amendment entitles
a person arrested without a warrant and charged by information to a timely preliminary hearing on probable cause
. The prosecutor's decision to file an information does not provide sufficient protection.
Which of the following materials may not be taken into a jury room during deliberations quizlet?
During deliberations only the jurors and the officer in charge of the jurors are present. If the trial ends in a hung jury, it must be retried with the same jury. At the conclusion of evidence, the judge gives the jury a set time to deliberate. The U.S. Supreme Court does not approve of less than
unanimous verdicts
.
Who is the plaintiff in criminal cases quizlet?
The gov't
is always the plaintiff in criminal cases, which is the party bringing charges against the accused.
What is the constitutional definition of treason quizlet?
Treason. The Constitution of the United States (Sec. 2 Article III) defines
treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort
. This offense is punished with death.
What is the plaintiff in a criminal case?
The parties in a civil case are called the plaintiff,
who brings the suit
, and the defendant, who is being sued. In a criminal case, a prosecutor from the district attorney's office, representing the state or federal government, brings criminal charges against the accused, also termed the defendant.
What types of cases have the right to a jury trial in America?
The right to trial by jury in a
criminal case
resides in both Article III, Section 2 of the federal Constitution (“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”) and the Sixth Amendment (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an …
How does the Constitution protect the right to a speedy and public trial by impartial jury?
The Sixth Amendment
grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. … The Assistance of Counsel Clause grants criminal defendants the right to be assisted by counsel. In Gideon v.
How does the criminal justice process ensure that juries are impartial?
To ensure an impartial jury,
the Supreme Court has stated that those chosen for jury service must be chosen from a representative cross-section of the community
. The community in this instant is the jurisdiction of the court.
Did the original Constitution protected the right to trial by jury?
Protection of Constitutional Rights. The original text of the Constitution contained very few provisions protecting individual rights. …
Article III, Section 2
, provides for the right to trial by jury in all criminal cases, and requires that the trial be held in the state where the crime was committed.
What is impartial jury quizlet?
(Trager 432) Impartial jury. “An impartial juror is
anyone who will give the facts full and unbiased consideration and render a verdict solely on the basis of evidence presented in court.
Is there such thing as an impartial jury?
The Sixth Amendment of the U.S Constitution
guarantees the right to a speedy and public trial, which will be heard by an impartial jury. … An impartial jury cannot exist if a jury member is subjected to outside influences that would sway their vote. A jury member can also be biased due to their own values and morals.
What are the two types of court cases?
- Criminal Cases. Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. …
- Civil Cases. Civil cases involve conflicts between people or institutions such as businesses, typically over money. …
- Family Cases.
