Part 9

  1. Defense attorney
    • Represent the defendant (∆) to the best of the attorney’s ability; not society at large; whether they did it or not
    • Everyone has the right to a great defendant
  2. Two types of defense attorneys
    • Private Defense Attorney
    • Public Defender
  3. Private Defense Attorney
    • Works for themselves, law firm, don’t work for gov
    • Represent in criminal court
    • Hired by client and decides if want to represent you
    • If accept case, file an appearance (in CT) they cannot quit
    • Paid by hr or flat fee(most common)
  4. Public Defender
    • Attorneys hired by the gov to represent people who are indigent (poor)
    • Appointed by court
    • Client has no say in who they get
    • Cannot quit; unless they the defendant makes too much money and they can buy their own
    • Have to face the possibility of jail to receive lawyer
  5. Gideon vs Wainwright
    • Appeal to supreme court
    • Saying that constitution requires to give you an attorney if you are poor
    • Created public defender system
  6. Main jobs of a defense attorney
    • Educate client to make informed decision
    • Make sure factually guilty
    • Legally guilty
    • 95% of work negotiation of charges or sentence
    • If trial- make prosecution earn the accusation
  7. Factually guilty
    Gov can prove each charge beyond reasonable doubt
  8. Legal guilty
    • Make sure gov played by the rules to arrest you
    • Did break into house w/o warrant?
    • Can file motion for suppress?
  9. Motion for suppress
    Info the Jury cant see bc police didn’t play by the rules to get it
  10. Plea bargain
    • Plead guilty and reduction in charges and/or sentence
    • Convince the prosecutor of the judge that the person is actually good
  11. Attorney, Client confidentiality
    • Any communication between attorney and client are confidential
    • So the client think they can trust the person and don’t lie about this
  12. Cant suborn perjury
    • so don’t ask what you did; ask what you are accused of- bc then cant put your client on the stand bc you know they are going to lie
    • o Unless Secretary, investigator, or if they think a crime is about to be committed
  13. Cant hold physical evidence that is contraband
    Hold something of a client bc it is illegal for them to have it
Card Set
Part 9
Part 9