Class 12 Exam Preparation Notes

Exam Overview

• Exam Date: May 12 (confirm with instructor)

• Format: Closed book; duration: 3 hours (but typically not needed)

• Content Structure:

  • 8 short answer questions

  • Elicit rules or arguments regarding cases

  • Potentially provide arguments for and against a case's ruling

  • 1 long hypothetical scenario with organized argumentation

• Grading: It's a curve, ensuring that grades are comparative across the class.

• Advice:

  • Attempt to answer all questions, even partially

  • Identify point values for questions and manage exam time accordingly

  • Clearly indicate if graduating this term on the exam paper.

Key Legal Cases to Remember

1. Duncan v. Louisiana

   • Right to trial by jury where potential penalty is 6 months or more.

   • Important example of incorporation via the 14th Amendment (rights applicable to states).

2. Pate v. Robinson

   • Cannot try an individual deemed mentally incompetent.

   • This case demonstrates incorporation as it addresses rights not enumerated in the Bill of Rights.

3. Inmates of Attica v. Rockefeller

   • Concerns prosecutorial discretion; prosecutors can choose to file charges if there is probable cause.

   • Armstrong clarifies that prosecutorial discretion cannot be racially motivated.

4. Costello v. United States

   • Grand jury procedures are less stringent than trial standards.

5. Gideon v. Wainwright

   • Right to counsel (6th Amendment) applies to state cases through the 14th Amendment.

   • Indigent defendants receive appointed counsel if they cannot afford one.

6. Argersinger v. Hamlin

   • Right to counsel is triggered by any jail time served, contrasting with the jury trial threshold.

7. Stack v. Boyle and United States v. Salerno

   • Stack establishes the older view that dangers cannot influence bail decisions.

   • Salerno shifts to considering dangerousness in bail assessments, highlighting differences in federal and state standards.

8. Barker v. Wingo

   • Introduces 4 factors to assess if a speedy trial right was violated.

9. Brady v. Maryland and Kyles v. Whitley

   • The prosecution must disclose exculpatory evidence (Brady).

   • Materiality defined; creates a reasonable probability of a different verdict if evidence were disclosed.

10. Boykin v. Alabama

    • Pleas must be made knowingly and voluntarily, meaning proper procedures must be followed during plea colloquy.

11. Bordenkircher v. Hayes

    • Governments may offer plea deals by reducing charges, assuming probable cause exists.

12. Santa Bella v. New York

    • Requires that plea agreements crafted by the government need to be enforceable.

13. Ballew v. Georgia

    • Requires at least 6 jurors for a valid jury.

14. Crawford v. Washington and Ohio v. Roberts

    • Contrast between handling hearsay and confrontation rights under the 6th Amendment, especially with emergency calls (Michigan v. Bryant).

15. Durham v. Missouri

    • Juries must represent a fair cross-section of the community to prevent discrimination.

16. Batson v. Kentucky

    • Prevents racial discrimination in jury selection; involves a three-step process for challenging discriminatory practices.

17. Strickland v. Washington

    • Establishes criteria for ineffective assistance of counsel focusing on deficient performance and resulting prejudice.

18. Kyler v. Sullivan

    • Standards regarding the conflicts in joint representation.

19. Gonzalez-Lopez v. United States

    • Guarantees right to counsel of choice, important in disqualifications of out-of-state attorneys.

20. Ewing v. California and Roper v. Simmons

    • Ewing illustrates the discretion states hold under the 8th Amendment.

    • Roper finds executing minors (17 years or younger) unconstitutional due to cruel and unusual punishment.

21. U.S. v. Booker and Blackberger

    • Discusses new discretionary standards in sentencing guidelines and specification of double jeopardy.

Exam Strategy

• Review cases in detail to understand their implications and significance in criminal law.

• Practice articulating both sides of legal arguments as exam questions may require a balanced perspective.

• Use class notes to deepen understanding of case rules and context.