CRJU 313 Study Guide - Midterm Guide: United States Court Of Appeals For The Federal Circuit, Pro Se Legal Representation In The United States, Custodial Interrogation
5 Jul 2018
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Venue differs from jurisdiction in that jurisdiction refers to the court's power to hear a case, whereas
venue refers to the place where the case should be heard
Cases heard in the discretion of the Court are heard through the granting of a writ of certiorari, an order
which directs a lower court to certify and forward a record of its proceedings to the Supreme Court for
its review
In preparation for trial, the prosecution has a constitutional duty, without any request from the accused
to:
• Disclose exculpatory evidence in its possession to the defendant. (Brady v. Maryland)
The process by which the judge determines the factual basis of the plea and whether it is knowing and
voluntary is called the “colloquy,” or “providence inquiry,” and if the defendant refuses to enter a plea,
the court must enter a plea of “not guilty” for him.
Concurring Opinion : An opinion with no precedential value in which a Justice agrees with the decision
made by the majority, or plurality, of the court, but states different, or additional, reasons as the basis
for agreeing with the decision
In the federal system, the judge is absolutely prohibited from participating in the plea bargaining
process.
To clarify the uncertainties of prior cases, Strickland created a “two pronged test” for evaluation of
competency of counsel:
Performance prong: Was the attorney’s performance deficient?
Prejudice prong: If the attorney’s performance was deficient was it so deficient so as to prejudice the
defendant?
Sentence Bargaining:
The defendant pleads “on the nose,” that is, to the original charge, in exchange for some kind of
promise from the prosecutor concerning the sentence to be recommended. The prosecutor may agree
in a general way to seek leniency, or he may promise to ask for some specific disposition, such as
probation.
Ex Post Facto Laws
The term ex post facto literally means "from a thing done afterward“
The term ex post facto is used to refer to criminal legislation that applies retroactively, thereby
criminalizing conduct that was legal when originally performed
The ex post facto prohibition
Indigent Defense Programs 3!!
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Venue differs from jurisdiction in that jurisdiction refers to the court"s power to hear a case, whereas venue refers to the place where the case should be heard. In preparation for trial, the prosecution has a constitutional duty, without any request from the accused to: disclose exculpatory evidence in its possession to the defendant. (brady v. maryland) In the federal system, the judge is absolutely prohibited from participating in the plea bargaining process. To clarify the uncertainties of prior cases, strickland created a two pronged test for evaluation of competency of counsel: The defendant pleads on the nose, that is, to the original charge, in exchange for some kind of promise from the prosecutor concerning the sentence to be recommended. The prosecutor may agree in a general way to seek leniency, or he may promise to ask for some specific disposition, such as probation. The term ex post facto literally means "from a thing done afterward .
