CJ 250 Study Guide - Final Guide: Benjamin N. Cardozo School Of Law, Sixth Amendment To The United States Constitution, Interlocutory Appeal
18 May 2018
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● Interlocutory appeal: an appeal filed prior to adjudication; used mostly in civil cases; in
general will only succeed if they deal with critical constitutional questions, not
determining the defendant’s guilt
● First law school: Harvard, 1817
● Live testimony: a defendant’s constitutional entitlement to have witnesses physically
appear in the courtroom to give their testimony
● Exculpatory evidence: if the prosecutor has evidence that casts doubt on the accused’s
guilt, he or she must inform the defense of that evidence
● Mistrial: a trial rendered invalid through an error in the proceedings
● Innocence project: an organization that, in collaboration w/ the Cardozo Law School in
New York, seeks to exonerate persons through DNA testing
Big Topics:
● 5th amendment
○ 5th amendment: prohibits self incrimination and double jeopardy
● 6th amendment
○ Voir dire: “to see what is said”; refers to the jury selection process whereby the
prosecutor and the defense attorney question members of the jury panel in an
effort to seat a jury that achieves the 6th amendment goal of impartiality; judge
starts this process
○ Argersinger v. Hamlin: extended the 6th amendment right to counsel to
misdemeanor cases
○ Powell v. Alabama: Supreme Court reversed the convictions of several poor
defendants who were not represented by counsel at their trial; the court argued
that the defendant’s due process rights were violated; this case was critical but
only applied to capital cases; 1932
○ 6th amendment: right to counsel applies during plea bargaining; also says that
defense counsel must be effective during the plea negotiation process
○ Brady v. US: “we cannot hold that it is unconstitutional for the state to extend a
benefit to a defendant who in turn extends a substantial benefit to the state”; plea
bargaining is allowed
○ Duncan v. Louisiana: when the right to a jury trial was extended to the states
○ Plea bargaining: the process by which the prosecution and defense reach an
agreement resulting in a guilty plea from the defendant that results in a reduced
charge, reduced sentence, or some other concession favorable to the defendant
■ Ad hoc plea bargaining: a term coined by one legal scholar that refers to
some strange concessions defendants agree to make as part of the
prosecutor’s decision to secure a guilty plea
○ Defendant rights: in Gideon v. Wainwright it was decided that states must honor
the 6th amendment right to counsel, ensuring that criminal defendants are
represented by counsel in state criminal trials, not just federal trials. The right to
counsel was extended to all defendants who face prison terms in Argersinger v.
Hamlin, and extended to police interrogation in Miranda v. Arizona
Document Summary
Interlocutory appeal: an appeal filed prior to adjudication; used mostly in civil cases; in general will only succeed if they deal with critical constitutional questions, not determining the defendant"s guilt. Live testimony: a defendant"s constitutional entitlement to have witnesses physically appear in the courtroom to give their testimony. Exculpatory evidence: if the prosecutor has evidence that casts doubt on the accused"s guilt, he or she must inform the defense of that evidence. Mistrial: a trial rendered invalid through an error in the proceedings. Innocence project: an organization that, in collaboration w/ the cardozo law school in. New york, seeks to exonerate persons through dna testing. 5th amendment: prohibits self incrimination and double jeopardy. Argersinger v. hamlin: extended the 6th amendment right to counsel to misdemeanor cases. 6th amendment: right to counsel applies during plea bargaining; also says that defense counsel must be effective during the plea negotiation process.
