courts week 4 notes
courts week 4 notes Crju 3700
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This 6 page Class Notes was uploaded by Khaila Coissiere on Tuesday February 16, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 27 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.
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Date Created: 02/16/16
Chapter 7 – Defense Attorney Thursday, February 4 Right to Counsel Read the 6th amendment Gideon v. Wainwright (1963) o Indigent felony defendants have the right to appointed counsel In re Gault (1967) o Juveniles are covered by sixth amendment's right to counsel Argersinger v. Hamlin (1972) o Indigent nonfelony defendants have right to appointed counsel if they are facing jail time When does this right begin? Once adversary proceedings have begun "critical stages" test o Remember "gamechanging" moment Filing of criminal charges Postindictment lineups Custodial interrogations Arraignment Trial Sentencing Right to Counsel During Steps in Felony Prosecutions Extent of Right Supreme Court Case Arrest No lawyer required Initial appearance Lawyer required if critical Rothgery v. Gillespie county (2008) stage Bail Lawyer required if critical Coleman v. Alabama (1970) stage Charging No lawyer required Preliminary hearing Lawyer required Coleman v. Alabama (1970) Grand jury No lawyer allowed Arraignment Lawyer required Hamilton v. Alabama (1961) Interrogation (preindictment) Lawyer on request Miranda v. Arizona (1966) Interrogation (postindictment) Lawyer required Massiah v. United States (1964) Lineup (preindictment) No lawyer required Kirby v. Illinois (1972) Lineup (postindictment) Lawyer required United States v. Wade (1967) Plea bargaining Lawyer required Brady v. United States (1970); Tollet v. Henderson (1973); Missouri v. Frye (2012) Trial Lawyer required Gideon v. Wainwright (1963) Chapter 7 – Defense Attorney Thursday, February 4 Sentencing Lawyer required Mempa v. Rhay (1967) Probation revocation Lawyer at court's discretion Gagnon v. Scarpelli (1973) Parole revocation Lawyer's at board's Morrissey v. Brewer (1972) discretion First appeal Lawyer required Douglas v. California (1963) Discretionary appeal No lawyer required Ross v. Moffitt (1974) Lawyer must be present during critical stage that could affect person Ineffective Assistance of Counsel Objective standard of reasonableness Strickland v. Washington (1974) o Ask two question test to see if defense was ineffective: Did counsel's conduct undermine proper function of the process? Did it render the outcome unfair? Appellate courts must reverse if proceedings were unfair and the outcome would have been different if counsel had not been ineffective o Very few SelfRepresentation Defendants have a 6th amendment right to selfrepresentation (pro se) o Requirements Have to be competent but don’t have to know the law o Limits If person can't do there is a standby lawyer sitting by to take over Providing Indigents with Attorneys Three systems o Assigned counsel Judge assigns specific counsel to represent the person Case by case basis Advantages: Disadvantages: less qualified, maybe fresh out of law school o Contract systems Private attorney bid on position for a fixed amount Advantages: limits cost taxpayers have to pay Disadvantages: cost over quality o Public defender Public or private nonprofit organized that represent indigents Advantages: more experienced and competent counsel Appointed to you by judge Paid by state More cases Chapter 7 – Defense Attorney Thursday, February 4 Each county determines system Private attorney defendant has to pay for it Lawyers and Clients Lawyers as advocate and counselor Lawyer's views of their clients? o Failure to take advice o Client is dishonest Defendants' views of their lawyers? o Trust issues Defense Attorney Ethics Model rules of professional conduct o Competence o Candor o Fees o Zealous advocacy o Abiding by client's decision o Confidentiality o Conflicts of interest o Advertising Chapter 6 - Prosecutors Tuesday, February 2 Role of the Prosecutor Major characteristics: o Broad discretion Executive branch Officer of the court Immune from civil lawsuits when acting as courtroom advocates o Charging decisions Have total discretion o Focus concerns theory o Decentralized different prosecutors that are scattered around the board o Goal: is to do justice justice doesn’t always mean a conviction Prosecutors in the Dual Court System Federal State Solicitor General Attorney General Criminal Division Chief Prosecutors (DA) and Their Assistants (ADA) US Attorneys and their Local Prosecutors Assistants Prosecution in Federal Court U.S. Attorney General 3 most important entities of DOJ: o Solicitor general: 3rd ranking officer in DOJ Sometimes called tenth justice (Referring to Supreme Court) o Criminal division: Formulates criminal law enforcement policies in federal cases o U.S. Attorneys: appointed and serve at the discretion of the President with the consent of the Senate Principle litigator under the direction of the attorney general Three statutory responsibilities: Prosecute criminal cases brought by federal government Initiate and defend civil cases where US is a party Collect certain debts owed the federal government Prosecution in State Courts 3 overlapping entities: o State attorney general Lawsuits against major businesses Provide legal advice to other state agencies and representing state in court when state actions are challenged o Chief prosecutor Chapter 6 - Prosecutors Tuesday, February 2 Felonies Locally elected and serve 4 year terms Except Alaska, Connecticut, Delaware, District of Columbia, New Jersey, and Rhode Island o Local prosecutor misdemeanors The Prosecutors Office at Work Assistant District Attorneys o High turnover o Training typically onthejob o Promotions and office structure o Supervision o Attempts at greater supervision Prosecutorial Ethics Ethical issues different from those facing defense attorneys Examples? Have to give DA any evidence received Representatives of victims and police But who's really the prosecutor's "client"? The state Prosecutorial immunity: o Absolute vs. qualified Absolute immunity is complete freedom from civil liability regarding with criminal charges and convictions as government's advocate Qualified immunity shields prosecutors from civil liability for acts beyond those associated with courtroom advocacy can still be sued Key Developments Concerning the Prosecutor Berger v United Primary interest in doing justice not winning cases States (1935) Imbler v Pachtman Absolute immunity (1976) Morrison v Olson Independent counsel law is constitutional (1988) Burns v Reed (1991) Qualified immunity concerning advice given to police Buckley v Qualified immunity for civil lawsuits for actions during criminal Fitzsimmons (1993) investigations and statements made during news conferences Kalina v Fletcher Sued for making false statements of face in affidavit in support of an (1997) arrest warrant Connick v DA's office may not be held liable under Section 1983 for failure to Thompson (2011) train prosecutors based on single Brady violation Chapter 6 - Prosecutors Tuesday, February 2 The Expanding Domain of the Prosecutor Improving police/prosecutor relationships: o Promote adequate police reports and contact between the two parties Community prosecution o Crime prevention is the goal
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