CRM 365 Spring ‘26 Exam 3 Review - 6th and 8th Amendments

Flashcards covering key 6th and 8th Amendment concepts, relevant case law, and legal tests from the CRM 365 Spring ‘26 Exam 3 review.

United States v. Ewell

Established three purposes for having a speedy trial: prevents excessive incarceration, minimizes anxiety experienced by the accused, and prevents damage to the defendant's case resulting from delay.

Speedy Trial Act of 1974

Federal law requiring that an indictment occur within $30$ days of arrest and the trial begin within $70$ days of indictment.

U.S. v. Marion (1971)

Ruled that the 6th amendment speedy trial protection only triggers when a defendant is accused of a crime, regardless of whether formal charges have been filed.

Barker v. Wingo 4-part balancing test

A test used by courts to determine if a speedy trial right was violated, considering: length of delay, reason for the delay, defendant’s assertion of his right, and prejudice to the defendant.

Critical stages of prosecution

Periods where the right to counsel applies, including the period from arraignment to trial, custodial interrogations, preliminary hearings, sentencing hearings, and the initiation of adversary proceedings.

Gideon v. Wainwright (1963)

Extended the right to counsel to all state prosecutions for indigent defendants.

Ineffective assistance of counsel two-pronged test

To prove counsel was ineffective, the defendant must show: (1) the counsel’s performance was ineffective and (2) the defendant was prejudiced by that performance.

In RE Oliver

Supreme Court case implying that public opinion restrains the abuse of power and that the presence of spectators helps the defendant realize the importance of their actions.

Gag order

An alternative to closing a trial where the media or other parties are restricted from speaking, used to maintain openness while protecting the trial's integrity.

Drusky v. United States two-step test

Test for mental competence requiring the defendant to have (1) sufficient present ability to consult with his lawyer with rational understanding and (2) a rational and factual understanding of the proceedings.

Griffin v. California (1965)

Prohibits the prosecution from calling attention to a defendant's refusal to take the stand.

Carter v. Kentucky (1981)

Requires judges to advise the jury not to make negative inferences based on a defendant's refusal to take the stand.

Progressive narrowing

The transition through the four stages of witness examination (Direct, Cross, Re-direct, Recross) where the focus of questioning becomes more detail-oriented.

Stack v. Boyle (1965)

Ruled that bail set higher than an amount reasonably calculated to ensure a defendant's presence at trial is 'excessive' under the 8th Amendment.

U.S. v. Salerno

Established requirements for pretrial detention, including showing clear and convincing evidence of danger and limiting it to serious crimes.

Pre-trial detention statistics

Includes $450,000$ people in U.S. jails; $2/3$ of jail inmates; an average duration of $10$ months; and $90\%$ of detainees are there because they cannot afford bail.

Solem v. Helm (1983) 3-factor test

Tests proportionality by comparing (1) gravity of offense vs. harshness of penalty, (2) sentences imposed for other crimes in the same jurisdiction, and (3) sentences for the same crime in other jurisdictions.

Furman v. Georgia (1972)

Temporarily struck down the death penalty because state laws were applied unconstitutionally, resulting in $600$ people being taken off death row.

Atkins v. Virginia (2002)

Prohibits the execution of intellectually disabled defendants as it violates evolving standards of decency.

Roper v. Simmons (2005)

Prohibits the execution of juveniles who were under the age of $18$ at the time of the crime.

Kennedy v. Louisiana (2008)

Limited the application of the death penalty to capital offenses only.