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PSYCH 3860
Denis Mc Carthy

Individual rights v Common good • Exclusionary Rule ◦ Mapp v Ohio 1961 ▪ Bombing investigation, no warrant, found obscene materials ▪ First time the supremes dealt with the issue of excluding certain evidence ▪ 4 amendment protects against unreasonable search and seizure ▪ Constitution does not state a remedy for it ◦ Exceptions to Exclusionary Rule ▪ Good faith- search is okay even if warrant found to later lack probable cause ▪ Standing- defendant must have standing to oppose the search or seizure (reasonable expectation of privacy) ▪ Inevitable discovery- if evidence would have been found anyway • Habeas Corpus ◦ Fay v Noia 1963 ▪ 3 perps convicted ▪ 2 filed appeals, denied ▪ Petitioned for writ of habeas corpus, accepted ▪ Imprisonment unlawful, forced confession • Held in violation of the constitution ▪ Noia didn't appeal at first, tried to after his friends got out. Later he filed habeas corpus ▪ Supreme held he could do that ◦ Exceptions ▪ Writ cannot be used to change law ▪ Used if state... LOOK UP • Right to Counsel ◦ Gideon v Wainwright 1963 ▪ Petty theft, refused a free lawyer ▪ Free counsel was only in special circumstances ▪ Supremes decided that everyone charged with a felony has the right to a lawyer ▪ This was later extended to misdemeanors ◦ Exceptions ▪ Supremes decided that US Con does not require states to provide free counsel past 1 trial and appeal ▪ Can't complain of ineffective assistance o
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