Term
| What was the ruling in Bordenkircher v. Hayes? |
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Definition
| The Supreme Court found that threatening more serious charges in a plea bargain is constitutional because it is not vindictive punishment and each side has mutual bargaining power. |
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Term
| What was the timing rule proffered by the 6th Circuit Court of Appeals and what problems does it create? |
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Definition
| The timing rule states that filing more serious charges afar a defendant decided to go to trial would be unconstitutional. the reason it is dangerous is because prosecutors will overcharge to begin with to increase bargaining power. |
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Term
| What are some of the problems with mass incarceration? |
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Definition
| Expensive, institutionalizes individuals and creates more criminals, upsets the tipping point, creates unemployable young men, disrupts families |
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Term
| How can we solve the problems associated with mass incarceration? |
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Definition
| Will be safer if we lock up fewer people, will help race relations, listen to more experts, show compassion, rehabilitation, and early intervention |
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Term
| First step on experts and how it protects the innocent |
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Definition
| Prosecutors should disclose all of the underlying work that led to the result. that way defense counsel can look for exculpatory evidence in the process. |
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Term
| Second step on experts and how it protects the innocent |
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Definition
| Technicians performing tests should sign all documents and reports. This way people cannot take credit for others work. |
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Term
| Third step on experts and how it protects the innocent |
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Definition
| Forensic labs should have oversight, quality control, spot checks, and periodic inspections. This ensures standardized testing and keeps individual technicians from committing fraud to produce a certain result. |
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Term
| Fourth step on experts and how it protects the innocent |
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Definition
| Technicians should be given access to dispute resolution and be protected by whistle blowing statutes. This would ensure that technicians would not be forced to agree with an erroneous result and not fear repercussions. |
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Term
| What are current issues regarding eyewitness ID? |
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Definition
| Memory is fallible, people pick the most similar looking person, police persuasion |
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Term
| How are the issue with eyewitness ID resolved? |
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Definition
| Independent double blind, have a witness look at mugshot books or individual photos to avoid comparison |
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Term
| How can an eyewitness be truthful but make a misidentification? |
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Definition
| Suggestion and contamination - memory is malleable an can be manipulated (Ronald Cotton example) |
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Term
| What can the justice system to to prevent false identification? |
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Definition
| Double blind line-ups with similar individuals; doing one photo at a time instead of arrays; written or taped account of the identification so judges can determine certainty |
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Term
| What are some solutions to junk science? |
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Definition
| Knowing the testing procedure, error rate, and failure rate; whether expert's method is replicated or peer-reviewed, lab regulation, independent budget for labs rather than coming out of law enforcement/prosecution budget, professional standards |
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Term
| What is the first way jail house information is regulated? |
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Definition
| Prosecution must disclose and information about promises or deals that could be used to challenge the informant's truthfulness. The prosecutor cannot sit idly by if an informant lies regarding deals or compensation. |
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Term
| What is the second way jail house information is regulated? |
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Definition
| The defendant has the right to an attorney present during questioning of an informant that is already informing to the police - Massiah v. U.S. - is motivation to keep deal with snitches very informal. |
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Term
| What are major problems with using snitches? |
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Definition
| Non-transparency, dependence by law enforcement, implication of the innocent (Kathyrn Johnston), codependence makes communities less safe, snitches get stitches (turns neighbor against neighbor) |
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Term
| How can the problems with snitches be solved? |
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Definition
| Stop paying informants, only report crimes for which there is some serious public benefit (drugs don't count), don't consent to searches |
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Term
| What are some problems that arise from the misuse of scientific evaluation of evidence |
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Definition
| Conviction of the innocent because the science is manipulation rather than fact, unchecked allowance of junk science in the courtroom |
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Term
| What are some of the factors that can lead to a false confession? |
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Definition
| Police coercion, Prosecutors who threaten to overcharge defendant's, revealing icnriminating information to a defendant that only the perpetrator would know. |
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Term
| List at least two things prosecutors and Defense attorneys can do to avoid false confessions and one way the overall system can be changed to avoid false confessions? |
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Definition
1. Defense Attorneys: Ensure that evidence matches your client's confession. Follow any lead that your client gives that suggest his confession was false, investigate any signs of coercion or compulsion.
2. Prosecutors: uphold the ABA code of professional conduct, by revealing any exculpatory information and avoid unduley overcharging the defendant
3. System wide: require police to record custodial information from start to finish, so that the judge jury may be presented with evidence that could have resulted in a false confession. Judges should allow expert testimony. |
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Term
| According to Abbe Smith's article, what are potential negative effects of the Innocense Project on the Criminal Justice System? |
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Definition
1. There is a tendency towards one upmanship or arrogants
- helping exonerate innocent people, not help get guilty inmates off on technicalities
- concept clients of innocence project are just bad timing/misofrtune
- narrowing mentality on who is worth of help
- Barry Sheck said he hasn't represented a guilty person in 20 years |
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Term
| According to Abbe smith's article, what are potential negative effects of the Innocense Project on the Criminal Justice System? Name another |
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Definition
2. Focus on DNA proven innocence has become the chief currency in criminal justice reform.
- Stories of exonerations are isolated and ddon't help general reform
- innocence rhetoric doesn't address those who may be guilty but treated unfairly under the constitution
- focusing on those that can be proven innocent undermines the presumption that everyone is innocent until proven guilty
- Wrongful convictions are exclusive to the factually innocent. |
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Term
| According to Abbe smith's article, what are potential negative effects of the Innocense Project on the Criminal Justice System? |
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Definition
3. Popularity and increasing ascendancy of innocence prjoects at law schools
- effects the way students represent someone who the feel is beneath them
- Selective nature teaches students to screen cases as judge and jury
- fails to equip students with tools, sensiibilikty and stamina to represent guilty flawed people. |
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Term
| How did Michael Peterson's wealth and affluence give him advantages pre-trial that would not be available to him otherwise and how are the indigent handicapped by relying on the underfunded public defender system? |
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Definition
| Michael Peterson had the money to hire expert witnesses for research and preparation. They were able to send a team to Germany to investigate the other death, and its relationship to the death of his wife. He was able to be out on bail through the majority at a high cost. Money can buy justice although not necessarily in this case. |
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Term
| How did Michael Peterson's wealth and affluence give him advantages pre-trial that would not be available to him otherwise and how are the indigent handicapped by relying on the underfunded public defender system? Part 2 |
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Definition
| In the majority of cases who depend on the public defender system, few will have an extensive amount of time with their representative. Public defender systems will not have the funding for trips to Germany much less a range of expert testimony brought into investigate the blood splatters and numerous other events. |
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Term
| Q. What are the pros and cons of jury nullification? Is jury nullification anti-democratic? PROS |
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Definition
o Pros
Can be used to strategically reduce mass incarceration
Sends a message that people want to change the criminal justice system.
Appropriate resposne to overzealous prosecutors |
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Term
| What are the pros and cons of jury nullification? Is jury nullification anti-democratic? CONS |
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Definition
o Cons
Allows individuals to ignore established law and take it into their own hands
Excuses criminal conduct and undermines the system.
Could create a fear in society that criminals go free regardless of guilt
Can cause systematic problems forcing judges to intervene on suspeicion of nullification |
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Term
| What are the pros and cons of jury nullification? Is jury nullification anti-democratic? ANTI-DEMOCRATIC |
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Definition
o Is it Anti Democratic?
Yes because it gives people the final say rather than government on who should be punished. Limits government, like Framers intended.
However, undermines democracy by taking law into their own hands. Appropriate steps would be to go to congress. |
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Term
| Q. According to Randall Kennedy, what are the four ideological camps and how do each of them regard the issue of race in the criminal justice system? Name the 4 camps |
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Definition
o Law and order camp
o Limited Government Power Camp
o Color-blind constitution camp
o Black interest camps |
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Term
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Definition
Tough on Crime
Bipartisan
Draws people in who are afraid to be victomized
Kennedy believes that high prority should be given to deter racial praictices |
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Term
| o Limited Government Power Camp |
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Definition
Believes officials will overstep their authority
One faction Insists on check government power with taxation and regulation
One faction insists upon check power over freedom of expression
Kennedy wants libertarian conservitives to apply more generallyintolerance for governmental tyrnany to prevent racial misconduct |
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Term
| o Color-blind constitution camp |
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Definition
Disavows all types of racial discrimination
Targets affirmitive action as a form of racial discrimination
Rject argument that racial discrminatio favoring minorities should be treated from discrimination favoring majorities
Kennedy says the should back reforms aimed at outlawing wrongful racial discriminations that are presently permitted by law |
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Term
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Definition
Dedicated to the advancement of the interests of black americans
Kennedy suggests they be more careful in making allegations of racial discrimination
Too often make formulaic allegations of racial misconduct without bothering to grapple evidence and arguments that challenge their conclusions |
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