Exam1 CCJS345 court cases/acts

Judiciary act of 1789

Establish structure of federal courts

Marbury V Madison (1803)

• Separation of powers 

• Created judicial review 

• Trial of all crimes shall be by jury 

Bordenkircher v Hayes (1978)

• Prosecutors have discretion on what charges to bring 

  • American bar association 

  • Ethical code that prosecutors have to follow

  • Prosecutors biggest threat is there law licenses 

McMann v Richardson (1970) 

If attorney is given somewhat decent advice there competent

Williams v taylor (2000)

a 'failure to develop' a claim's factual basis in state court proceedings is not established unless there is lack of diligence, or some greater fault, attributable to the prisoner or his counsel

Lee vs united states (2017)

Attorney agreed worked together with client to do a ineffective assistance of counsel 

1st amendment court cases Scheck vs US (1919)

Clear and present danger exception to freedom of speech

1st amendment court cases Ny times v Sullivan (1964)

Actual malice needed for successful libel case where a public official is involved

1st amendment court cases Tinker v Demoines (1969)

Student right to 1st amendment speech in school

2nd amendment court cases D.C v Heller (2008)

Struck down the law against the right to hand guns

2nd amendment court cases MacDonald v Chicago (2010)

Struck down a handgun law in chicago 

2nd amendment court cases NY v Bruen (2022)

Can’t ban someone from using concealed carry 

2nd amendment court cases US v rahimi (2024)

Can’t own a firearm if you’ve been convicted of a domestic violence charge 

2nd amendment court cases NY state riffle and pistol association v bruen (2022)

the Supreme Court ruled that New York's law was unconstitutional and that the ability to bear arms in public was a constitutional right guaranteed by the Second Amendment

4th amendment court cases Katz v US (1967)

Def. of a search 

4th amendment court cases Mapp v Ohio (1961)

Created the exclusionary rule

4th amendment court cases Terry v ohio (1968) 

stop and frisk

5th amendment court cases Miranda v Arizona (1966)

Requirement of being informed of rights 

5th amendment court cases Molloy v Hogan (1964) 

Incorporated the privilege against self incrimination to the states 

5th amendment court cases  Dolan v city of tigard (1994)

Taking clause 

5th amendment court cases Gideon v Wainwright

Right to counsel in states 

5th amendment court cases Crawford vs Washington (1984)

Defines ineffective counsel 

5th amendment court cases Powell v Alabama (1932) 

• Right to court applies only to federal court 

• Must give the right to an attorney if the the defendant is indigent 

5th amendment court cases Johnson v Zerbst (1963)

right to counsel for indigent defendants in federal criminal trials

5th amendment court cases  Argersinger vs Hamlin (1972) 

Has to be a threat of imprisonment applies for all steps of the criminal justice process 

5th amendment court cases Strickland v Washington (1984)

• right to competent council 

• Lays out what a competent attorney is 

7th amendment court cases Parsons v Bedford (1830) 

clarified the scope and application of the Seventh Amendment's guarantee of a jury trial in civil cases. 

8th amendment court cases Furman v Georgia (1972)

Overturned the process of implementing capital punishment 

8th amendment court cases Gregg v Georgia (1974)

Established modern process for imposing capital punishment 

Roper v Simmons (2005) 8th amendment court cases 

prohibits execution for those under 18

Stack v Boyle (1951) 8th amendment court cases 

Bail can be denied if the defendant is a threat to public safety 

14th amendment court case Brown v board of education (1954)

Prohibits segregation in school under equal protection clause

14th amendment court case Gideon v Wainwright

Right to counsel in the state due process clause 

14th amendment court case Obergefell v Hodges (2015)

Equal protection for same sex marriage