ccjs100 exam 2 COURT CASES

United States v. Drayton (2002)

Police officers don’t have to tell you that you have the right to say ‘no’ to a search

Strickland v. Washington (1984)

Ineffective assistance of counsel violated the right to counsel

• defendants must prove that the attorney committed specific errors that affected the outcome of the case

Bordenkircher v. Hayes (1978)

Defendants rights are NOT violated by the prosecutor who warns the defendant that refusing a guilty plea will/may result in a harsher sentence

Tennessee v. Garner (1985)

Deadly force

• police cannot use deadly force on apprehending a fleeing felon unless it’s necessary to prevent the escape AND there’s probable cause that the suspect poses a significant threat/ serious injury

Missouri v. Frye (2012)

6th amendment right to counsel includes protection against ineffective assistance of counsel during the plea bargaining process

Boykin v. Alabama (1969)

If you are a defendant, you must state that you want to voluntarily enter into a plea deal

Ricketts v. Adamson (1987)

Whatever the defendant says, the defendant must uphold their promise in a plea deal

Williams v. Florida (1970)

Juries of 12 are considered constitutional, minimum is 6

Weeks v. United States (1914)

Established exclusionary rule on the federal level

Berghuis v. Thompkins (2010)

You must assert your Miranda rights to an officer

• individual didn’t assert, remained quiet, officers used different approach and the individual got caught

Santobello v. New York (1971)

Prosecutor must uphold their promise in a plea deal

Terry v. Ohio (1968)

Allow for officers to stop and frisk

Miranda v. Arizona (1966)

5th amendment

• protects us from self incrimination

• Suspect must be informed of their right to remain silent and to be represented by an attorney during questioning

• Reading of Miranda rights is required PRIOR to custodial interrogation (ON EXAM)

Chimel v. California (1969)

Search incident to a lawful arrest

• lawful to search a person once they are arrested

Mapp v. Ohio (1961)

Established exclusionary rule on the state level

United States v. Salerno and Cafero

Preventive detention: person who committed crime is too dangerous OR might flee and therefore keeps them locked up

North Carolina v. Alford (1970)

Plea of guilty by the defendant who maintains their innocence may be accepted by the courts for the purpose of a lesser sentence

Furman v. Georgia (1972)

Death penalty is unconstitutional

Gregg v. Georgia (1976)

Reinstated death penalty, reuled it constitutional if the judge and jury consider mitigating and aggravating circumstances.

McCleskey v. Kemp (1987)

Death penalty was being given to individuals in a racially discriminating manner

• Supreme Court ruled that they did not have enough evidence to prove there was racial discrimination.

Atkins v. Virginia (2002)

If a person is deemed mentally disabled, it is unconstitutional to give them the death penalty. 

Roper v. Simmons (2005)

Ruled that the execution of crimes committed under the age of 18 is unconstitutional.

Witherspoon v. Illinois (1968)

During voir dire process, those who strongly object to the death penalty can be excluded from jury.