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Criminal Procedure 10th Edition

Joel Samaha

Chapter 14

After Conviction: Sentencing, Appeals, and Habeas Corpus - all with Video Answers

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Chapter Questions

Problem 1

Trace the procedural history of the case from trial to SCOTUS.

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00:30

Problem 2

State the interests that SCOIUS balanced to arrive at its decision to allow claims of actual innocence. In your opinion, which is more important-the interest in finality or in innocence? Explain your answer.

Nick Johnson
Nick Johnson
Numerade Educator

Problem 3

Explain why the majority of five SCOTUS justices opened the gate to Floyd Perkins's claim of actual innocence eight years after the AEDPA statute of limitations expired.

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Problem 4

State precisely the rule the majority adopted to apply to actual innocence claims. In your opinion how "wide" or "narrow" does it open the gate to allow claims of actual innocence?

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Problem 5

Summarize Justice Scalia's strong dissent to the majority opinion.

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01:49

Problem 6

Does Justice Scalia have a point when he writes: "It would be marvelously inspiring to be able to boast that we have a criminal-justice system in which a claim of 'actual innocence' will always be heard, no matter how late it is brought forward, and no matter how much the failure to bring it forward at the proper time is the defendant's own fault. I suspect it is this vision of perfect justice through abundant procedure that impels the Court today. Of course, we do not have such a system, and no society unwilling to devote unlimited resources to repetitive criminal litigation ever could. "? Explain your answer.

Brenda Sanchez
Brenda Sanchez
Numerade Educator