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Sentencing Judges May Consider Various Factors
Sentencing Judges May Consider Various Factors Cartoons

Sentencing Judges May Consider Various Factors

Kimbrough v. United States; Under Booker, the cocaine Guidelines, like all other Sentencing Guidelines, are advisory only.
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United States v. Harrington
United States v. Harrington
Sentencing guidelines often produce harsh results that are patently unfair because they fail to take into account individual circumstances.
Blockburger v. United States
Blockburger v. United States
Continuing offense; separate and distinct offenses, even if of the same nature, do not constitute a continuing offense, such as two sales of narcotics to the same purchaser, but at different times. The narcotics act penalizes each individual sale.
Suspicionless Searches of Parolees
Suspicionless Searches of Parolees
Samson v. California; evidence seized in a suspicionless search of a parolee is admissible under the Fourth Amendment.
Fruit of the Poisonous Tree
Fruit of the Poisonous Tree
When a vehicle is stopped at a traffic stop, the passenger as well as the driver is seized within the meaning of the Fourth Amendment for search and seizure.
Probable Cause
Probable Cause
Brendlin v. California; fruit of the poisonous tree; officers did not have probable cause to stop vehicle, passenger was seized and evidence discovered as result was inadmissible.
Special Needs Search
Special Needs Search
Ferguson v. City of Charleston; drug test of a pregnant woman in a doctor's office is not a special needs search.
Hacking Computers Is Not Wiretapping
Hacking Computers Is Not Wiretapping
United States v. Steiger; computer hacking is not wiretapping; Stored Communications Act, the Wiretap Act.
Presumption of Involuntariness
Presumption of Involuntariness
Maryland v. Shatzer; a break in custody ends the presumption of involuntariness established by Edwards v. Arizona.
Joinder of Criminal Charges
Joinder of Criminal Charges
State v. Pereira; joinder of offenses; joinder of criminal charges with multiple offenses is proper when the offenses charged are of similar character or are based on the same act or transaction or parts of a common scheme or plan.
Eyewitness Identification
Eyewitness Identification
Perry v. New Hampshire; suppress evidence of eyewitness identification; overly suggestive; police standing with suspect; reliability of identification; Due Process.
Duty to Disclose Material Evidence
Duty to Disclose Material Evidence
Smith v. Cain; Brady Rule; the prosecutor violates right to due process if it withholds evidence that is favorable to the defense and material to guilt or punishment.
Inffective Assistance of Counsel Standard
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Premo v. Moore; The Sixth Amendment requires reasonable competence in representing the accused, but substantial deference must be afforded to counsel's judgment. Habeas relief standard. Supress confession.