which of thefollowing occurs when the imposition of tougher laws? course hero

What questions did the judge ask the potential jurors?

The trial judge denied the request and asked the potential jurors three general questions about biases or prejudices they may hold. Ham claims that in so doing, the trial court violated his constitutional rights.

Can a judge infer as true any evidence that Griffin could?

However, pursuant to a California statute, the judge told the jury that it could infer as true any evidence or facts that Griffin could have reasonably been expected to deny or explain. The state supreme court affirmed the conviction. The United States Supreme Court granted certiorari.

How should the jury interpret the court's instruction in this case?

It also would be reasonable for the jury to interpret the court's instruction as shifting the burden to the defendant to prove that he did not act "purposely or knowingly."

When D is guilty beyond a reasonable doubt but jury acquits?

When D is guilty beyond a reasonable doubt but jury acquits because jury believes D should not be punished. Most courts refuse to instruct a jury that it has the power to nullify the law, and most do not allow defense counsel to make such an argument to the jury.

Which amendment requires the government to appoint counsel for all criminal defendants in federal court?

Zerbst (1938) Held 6th Amendment requires government to appoint counsel for all criminal defendants in federal court. Gideon v. Wainwright (1963) The Fourteenth Amendment incorporates the Sixth Amendment right to counsel to the states. Right to appointed counsel extends to states and to non-capital cases.

Which amendment states that the accused shall have the right to a speedy and public trial?

Leads to balancing of obligations—balance duty to court and duty as officer of the court. Sixth Amendment. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". At bottom, speedy trial is a constitutional issue, but most cases are decided on statutory grounds.

Why was leniency deemed sufficient to bar the confession?

Even a suggested promise of leniency was deemed sufficient to bar the confession, because, at the time of the confession and subsequent implicit promise, the defendant was too sensitive to such an inducement. Here, Brady was not in such a position.

Why was the Evans conviction set aside?

The Court of Appeals for the Eighth Circuit set aside Evans' conviction because of the admission of the hearsay confession. However, the Eighth Circuit affirmed Bruton's conviction because the jury was instructed to disregard the confession with regard to Bruton's guilt or innocence.

What are the powers of a trial judge?

Although there is one method for maintaining order in every case, judges may constitutionally utilize (1) physical restraints, (2) contempt citations, or (3) removal of an unruly criminal defendant.

Which amendment states that a defendant has the right to waive counsel?

California (1975) Rule: 6th Amendment right to counsel includes a right to waive counsel and represent self. Defendants have the constitutional right to represent themselves at trial. First, such a right is implied in the Sixth Amendment. The Sixth Amendment outlines what a constitutionally complete defense requires.

Which amendment guarantees the right to notice and a hearing?

The Due Process Clause of the Fourteenth Amendment guarantees criminal defendants the right to notice and a hearing.