POLS 4720 Lecture Notes - Lecture 10: Jury Trial, Due Process

• School: University of Georgia
• Department: Political Science
• Course: POLS 4720
• Professor: Newton

Document Summary

Due process rights and statutes that require discovery. The process of exchanging information between the parties (between prosecution and defense) Prosecution has an obligation under the due process clause to turn over exclusionary evidence. States could only sentence a convicted criminal to imprisonment if that person had been represented by counsel. Since scott was not sentenced to imprisonment, the state was not obligated to provide counsel. Counsel must be appointed for an indigent defendant in any criminal case that actually leads to incarceration, even for a very brief period. The right to a(cid:374) attor(cid:374)e(cid:455) should appl(cid:455) whe(cid:374) there is the possi(cid:271)ilit(cid:455) of (cid:858)authorized i(cid:373)priso(cid:374)(cid:373)e(cid:374)t(cid:859) (cid:894)of si(cid:454) (cid:373)o(cid:374)ths(cid:895) (cid:374)ot o(cid:374)l(cid:455) whe(cid:374) there is a(cid:272)tual i(cid:373)priso(cid:374)(cid:373)e(cid:374)t. The right to an attorney is more fundamental than the right to a jury trial (which allows for a jury trial when there is possibility of six months in jail)