Explore the legal terms and concepts related to 14th Amendment. Click on any term below to learn more about its definition and applications.
What are the procedural limitations on death penalty statutes?
Due process requires that a death penalty statute must give a defendant an opportunity to present mi...
How may a defendant withdraw a guilty plea?
A defendant may withdraw a guilty plea where (1) the plea was involuntary, (2) lack of jurisdiction,...
What is the proper procedure for submitting a guilty plea?
If a defendant pleads guilty, the trial judge must specifically address the defendant on the record...
When is a co-defendant's confession admissible when it implicates another defendant?
In a joint trial, where one defendant gives a confession that implicates the other, the statement is...
What is the right to confront witnesses?
Under the 6th Amendment, a defendant has the right to confront witnesses against him. There is no vi...
When may a defendant represent themself?
A defendant has the right to defend himself so long as his waiver of counsel is knowing and intellig...
How can a defendant prove ineffective assistance of counsel?
To prove ineffective assistance of counsel, the defendant must show (1) deficient performance by cou...
What is the right to a jury trial?
The constitutional right to a jury trial attaches any time the defendant is tried for an offense for...
What is the right to an unbiased judge?
A defendant has a right to a judge free from bias—i.e., a judge with no financial interest, or actua...
What is the prosecutorial duty to disclose exculpatory information?
A prosecutor's failure to disclose exculpatory evidence, whether willful or inadvertent, violates du...
When is a defendant not competent to stand trial?
A defendant is not competent to stand trial where they lack a rational and factual understanding of...
What is the 6th Amendment Right to a Speedy Trial, and how is a violation of this right determined?
A defendant has a 6th Amendment Right to a speedy trial, a violation of which is determined by the t...
What must you generally know about grand jury proceedings?
During grand jury proceedings, the exclusionary rule does not apply. The proceedings are secret, and...
What happens if a pre-trial identification technique is too unnecessarily suggestive?
If a pre-trial identification method is so unnecessarily suggestive that it is substantially likely...
When may a defendant be denied the right to counsel?
Though a defendant has a right to counsel for post-charge lineups and show-ups, such a right does no...
What is the effect of the 14th Amendment right to due process on self-incriminating statements?
The 14th Amendment right to due process requires that a self-incriminating statement must be volunta...
When are bail issues appealable?
Bail issues are immediately appealable, though preventive detention is constitutional.
