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ON LEGAL TERMS

Making A Murderer season 2 – all the key terms from neuron to habeas corpus you need to know

Here's what you need to know about some of the legal terms in Making a Murderer season 2

AS Making a Murderer season two delves deeper into the legal processes since the show debuted in 2015, some of the legal jargon can leave viewers confused.

From habeas corpus to neuron and brain fingerprinting - here's what you need to know about some of the legal terms in Making a Murderer season 2.

 Making A Murderer season two is arriving on Netflix
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Making A Murderer season two is arriving on NetflixCredit: NETFLIX

Making a Murderer Season 2: The Key Terms

Habeas Corpus: In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid, according to .

A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful.

 Steven Avery undergoes brain fingerprinting in the second season of Making a Murderer
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Steven Avery undergoes brain fingerprinting in the second season of Making a MurdererCredit: Netflix

Brain fingerprinting and neurons: In the second episode, the audience is introduced to brain fingerprinting, a way to measure brainwaves - produced by a group of neurons - which can cause the 'Aha' moment of recognition.

This means that when the human brain recognises important information, it triggers a specific electrical signal called a MERMER, which can be measured and analysed.

Avery's lawyer Kathleen Zellner says: "I had learned about testing that many authorities think is superior to polygraph which is brain fingerprinting.

"I told Steven [Avery] the FBI, the CIA, the Navy was using a very sophisticated test if someone was telling the truth or not about being innocent, and would he do the test."

Zellner said Avery "very enthusiastically agreed" to the testing.

 Steven Avery is currently in jail for the murder of Teresa Halbach
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Steven Avery is currently in jail for the murder of Teresa HalbachCredit: Reuters

AEDPA: The Antiterrorism and Effective Death Penalty Act of 1996 was a reform of habeas corpus as used to challenge criminal convictions.

According to , the law limits both the procedural and substantive scope of the writ as it bans repeated petitions by the same person, requiring defendants to put all of their claims into one appeal.

A judge overturned Dassey's conviction in August 2016, ruling that investigators took advantage of the then-16-year-old Dassey's cognitive disabilities and tricked him into confessing.

His attorneys argued that Dassey's confession was coerced by investigators who used improper techniques while interrogating a juvenile with a low IQ.

However, prosecutors appealed to a US Appeals Court which upheld the conviction in a 4-3 ruling that found the confession to be voluntary.

On June 25, 2018, the Supreme Court Justices agreed not to review the Appeals Court ruling - but no reason was provided for the decision.

In episode three of Making A Murderer season two, Steve Drizin, Dassey's post-conviction lawyer, explained: "It used to be that the Federal Court did not place as much weight on this concept of finality... And then in 1996, the US Congress really tied the hands of Federal Court judges in the ways in which they are allowed to review State Court decisions."

"This statute placed strict timelines on people seeking review of their sentences and applied more broadly to cases that didn't involved death sentences," Drizin added.

 Dassey later recanted the confession that had been the key evidence in his trial
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Dassey later recanted the confession that had been the key evidence in his trialCredit: AP:Associated Press

Brady Rule: According to , the Brady Rule - named after Brady v. Maryland 1963 - requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

Any material or evidence the prosecutor is required to disclose under this rule includes any evidence which may be favourable to the accused, evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.

A second series of Making A Murderer released in October 2018 is set to reveal fresh evidence including a mystery phone call.

Mystery over telephone call one of new twists in cases of Steven Avery and Brendan Dassey as Netflix releases full trailer for Making A Murderer: Part 2


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