Criminal Courts Midterm Review

Latin for "let the decison stand"

stare decisis

amendment that bars cruel and unusual punishment

eighth amendment

the standard of proof in a civil case

preponderance of the evidence

at trial the judge rules on objections and instructs the jury playing this role

referee and law giver

this perspective sees society as held together by shared values and the law is basically neutral

consensus perspective

a law that makes conduct a crime after it was committed

ex post facto law

the party bringing a criminal case

the state

the party that brings the lawsuit

plaintiff

two roles of criminal courts

adjudication and oversight

the petition asking the supreme court to hear a case

writ of certiorari (know the rule of four)

Brady v. Maryland requires prosecutors to disclose this type of evidence

exculpatory 

case that requires states to provide counsel to indigent defendants

Gideon v. Wainwright 

Packer's model that stresses reliability, limints on state power and legal guilt

due process model

three things an appelate court can do after reviewing the trial record

affirm, reverse, remand

charging decisions are beyond judicial review unless based on

race, gender, religious, vindictiveness 

two prongs of the Strickland test

deficient performance and prejudice