Term
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Definition
| The 1963 U.S Supreme Court case that granted counsel to indigent defendants in felony prosecutions |
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Term
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Definition
| A defendant must make an affirmative statement that the plea is voluntary before the judge can accept it |
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Term
| North Carolina V. Alford (1970) |
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Definition
| Accepting a guilty plea from a defendant who maintains his or her innocence is valid |
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Term
| Bordenkircher V. Hayes (1978) |
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Definition
| A defendant's constitutional rights are not violated when a prosecutor threatens to reindict the accused on more serious charges if he or she is not willing to plead guilty to the original defense |
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Term
| United States V. Salerno (1987) |
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Definition
| Society's need for protection can outweigh an individual's literty interest: Under some circumstances, individuals can be held without bail. This legitimizes the use of preventive detention as a crime control method. It permits the limitations on bail already in place in many states jurisdictions to continue. |
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| Ricketts V. Adamson (1987) |
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Definition
| A defendant is required to keep his or her side of the bargain to receive the promised offer of leniency, since plea bargaining rest on an agreement between the parties |
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Term
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Definition
| a criminal defendant may not obtain relief unless he can show that counsel's performance fell below an objective standard of reasonableness, and that counsel's performance gives rise to a reasonable probability that, if counsel had performed adequately, the result of the proceeding—the trial, the sentencing hearing, the appeal—would have been different. |
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Term
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Definition
| criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings. |
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Term
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Definition
| the accused in any criminal prosecution involving the potential deprivation of liberty is entitled to counsel. |
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Term
| Brinegar V. United States |
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Definition
| the "reasonableness test" in warrantless searches. The Court held that while the police need not always be factually correct in conducting a warrantless search, such a search must always be reasonable. |
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