CH S 260 ONLINE FALL, 2021 Final Exam

CH S 260 OL Final Exam NAME: Edgar Banuelos
FALL, 2021
A. Placencio
The Sixth Amendment (25 pts.)
1) The Sixth Amendment gives a defendant a right to counsel. Explain

the evolution of this right in the following cases: Powell v. Alabama
(1932), Betts v. Brady (1942) and Gideon v. Wainwright (1963).
In Powell v. Alabama, the counsel provided for all defendants that were charged with
a capital felony in court regardless of whether they were able to pay or not. Powell V.
Alabama was the first time the Sixth Amendment bonded with state governments as
a requirement. Following the case of Betts v. Brady in 1942, a decision was made
that defendants who cannot afford to pay a lawyer, did not have the right for a
state-appointed attorney. This decision was then later famously overturned in the
case of Gideon v. Wainwright in 1963. The U.S Supreme Court came to a decision
that required the United States to provide attorneys for those defendants that could
not afford to pay for one. Gideon was given another trial and appointed an attorney.
2) Over 90% of all guilty pleas is the result of plea bargaining. What is
the advantage for the prosecutor? What is the advantage for the
defendant?
As a result of plea bargaining, prosecutors can improve their conviction rates. Plea
bargains also benefit prosecutors because they can convince their defendant to
testify against another criminal. Plea bargaining is also a pro for defendants because
it can take away uncertainty of a criminal trial or avoid maximum sentences.
Prosecutors will usually agree for a lighter sentence.
The Eighth Amendment (25 pts.)
3) What did the Supreme Court rule in Furman v. Georgia (1972)?
The Court stated that the death penalty is unconstitutional under the Eighth
Amendment prohibition against cruel and unusual punishment when it is imposed in
an arbitrary and capricious manner that leads to discriminatory results.
4) What did the Supreme Court rule in Gregg v. Georgia (1976)? In particular, you
should discuss the terms aggravating and mitigating.
Troy Leon Gregg was found guilty of two counts of murder and armed robbery.
Gregg was sentenced to capital punishment for his crimes. In a 7-2 decision, the
Court upheld Georgia's death penalty statute as appropriate, reasoning the
punishment could act as a deterrent for would-be murderers. An aggravating factor
is any fact or circumstance that increases the severity or culpability of a criminal act.
Aggravating factors include recidivism or lack of remorse. Mitigating factors are any
fact or circumstance that lessens the severity or culpability of a criminal act.
Mitigating factors include an ability for the criminal to reform.
5) What is a bifurcated trial? When is it used?
A bifurcated trial is a judicial proceeding that is divided into two stages. The most
common division is to determine liability or guilt in the first stage, and to establish
damages or punishment in the second stage.
Three Strikes (25 pts.)
6) What is the annual cost to the state of California to incarcerate

inmates convicted of a “Three Strikes” offense?
California’s annual cost to incarcerate inmates convicted of a “Three Strikes” offense

is estimated to be anywhere from $4.5-$6.5 billion.
7) What is a “wobbler”?
A wobbler offense, also called an “alternative felony/misdemeanor offense,” is a

crime that can be charged or punished as either a felony or a misdemeanor in
California. Usually, the prosecutor decides whether to charge a wobbler as a felony
or as a misdemeanor.
8) List four key features of the “Three Strikes” law.
 Second Strike Offense. If a person has one previous serious or violent

felony conviction, the sentence for any new felony conviction (not just a
serious or violent felony) is twice the term otherwise required under law for
the new conviction. Offenders sentenced by the courts under this provision
are often referred to as “second strikers.”
 Third Strike Offense. If a person has two or more previous serious or
violent felony convictions, the sentence for any new felony conviction (not
just a serious or violent felony) is life imprisonment with the minimum term
being 25 years. Offenders convicted under this provision are frequently
referred to as “third strikers.”
 Consecutive Sentencing. The statute requires consecutive, rather than
concurrent, sentencing for multiple offenses committed by strikers. For
example, an offender convicted of two third strike offenses would receive a
minimum term of 50 years (two 25-year terms added together) to life.
 Unlimited Aggregate Term. There is no limit to the number of felonies that
can be included in the consecutive sentence.
9) What was the impact of the Court’s ruling in People v. Superior

Court (Romero)?
The ruling in People v. Superior Court (Romero) gave California Superior Court
judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the
California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
10) Why do more “Three Strikes” cases go to trial? What impact has
this had on the criminal justice system in California?
More cases go to trial because repeat offenders are perhaps the most difficult of
criminal offenders for state and local criminal justice systems to manage. Since the
“Three Strikes” imposed on longer sentences for repeat offenders, these offenders
will stay in jail more resulting in more expenses the state will have to keep these
prisoners for longer. Additionally, the operating costs that are a result from this law,
is estimated to be half a billion dollars annually.
Surviving Justice (25 pts.)
From all of the cases you read about in Surviving Justice, which case
did you find to be the most troubling? Where did the criminal justice
system “break down” or fail the defendant? In the particular case
that you write about, was problem an aberration, or is it systemic?
Explain.
From all cases I read about in Surviving Justice, I found the Kevin Green case the
most disturbing. To summarize, Kevin Green was wrongfully convicted of second-
degree murder, attempted murder, and assault with a deadly weapon for his wife
Diane who he had found unconscious in their bedroom after returning from a nearby
Jack in the Box. The criminal justice system failed Kevin Green when the conviction
was made primarily on Diane’s testimony and no concrete evidence to support the
claim. Even though the defense took two and a half days to argue Kevin’s case, there
wasn’t every any actual evidence. The justice system failed Mr. Green because they
did not properly open an investigation. In this particular case, the problem was an
aberration because no proper system was followed to ensure that the defendant had
a fair trial that was not biased. In most cases, the systematic way to go about this
trial would be to open a further investigation and attempt to retrieve actual proof of
what is being convicted. Eventually, new DNA testing emerged, and detectives were
able to find the “Bedroom Basher” which led to Kevin Green being released after
serving 16 years for no reason. Green was awarded $620,000 and became a popular
speaker of his traumatic experience in getting arrested, conviction, and his wrongful
incarceration.

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CH S 260 OL Final Exam NAME: Edgar Banuelos

The Sixth Amendment (25 pts.)

1) The Sixth Amendment gives a defendant a right to counsel. Explain

The Eighth Amendment (25 pts.)

3) What did the Supreme Court rule in Furman v. Georgia (1972)?

Three Strikes (25 pts.)

6) What is the annual cost to the state of California to incarcerate

California’s annual cost to incarcerate inmates convicted of a “Three Strikes” offense

A wobbler offense, also called an “alternative felony/misdemeanor offense,” is a

8) List four key features of the “Three Strikes” law.

 Second Strike Offense. If a person has one previous serious or violent

9) What was the impact of the Court’s ruling in People v. Superior

Surviving Justice (25 pts.)

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