Chapter_7.pdf

Copyright © 2019 Cengage Learning. All Rights Reserved.

America’s Courts and the Criminal

Justice System, 13th Edition

Chapter 7
Defense Attorneys

Copyright © 2019 Cengage Learning. All Rights Reserved.

Learning Objectives (1 of 2)

1. Interpret the four major legal issues surrounding the

right to counsel.

2. Discuss how the courtroom work group affects how

defense attorneys represent their clients.

3. Explain why most lawyers do not represent criminal

defendants.

Copyright © 2019 Cengage Learning. All Rights Reserved.

Learning Objectives (2 of 2)

4. Compare and contrast the three systems of providing

indigents with court-appointed attorneys.

5. Recognize possible tensions between lawyers and

clients.

6. Analyze the importance of legal ethics to the defense

of criminal defendants.

Copyright © 2019 Cengage Learning. All Rights Reserved.

Case Close-Up:

Gideon v. Wainwright (1963)

• Clarence Earl Gideon

– Requested a court appointed attorney and was refused

– Unrepresented by counsel

– Supreme Court sided with Gideon

• Indigent defendants have the right to court-appointed

counsel

– Applies in felony criminal proceedings

– Decision sent shock waves through the criminal

justice system

Copyright © 2019 Cengage Learning. All Rights Reserved.

The Right to Counsel

• Sixth Amendment

• Extended to juveniles in In re Gault (1967)

– Issues of right to counsel with

▪ Nonfelony criminal prosecutions

▪ Stages of the criminal process

▪ Ineffective assistance to counsel

▪ Self-representation

Copyright © 2019 Cengage Learning. All Rights Reserved.

Non-Felony Prosecutions

• Argersinger v. Hamlin (1972)

• Scott v. Illinois (1979)

• Alabama v. Shelton (2002)

Copyright © 2019 Cengage Learning. All Rights Reserved.

Thinking Point: Justice Scalia

• Research Justice Antonin Scalia and his

rulings/discussions regarding juvenile court

proceedings.

– Are the issues fair and impartial? Why or why not?

– How do the issues relate to the adult system?

– What cases are most current?

– Discuss these cases and their issues.

Copyright © 2019 Cengage Learning. All Rights Reserved.

Stages of the Criminal Process (1 of 2)

• Sixth Amendment applies to all criminal prosecutions,

thus coined the Critical Stages test

– Mempa v. Rhay (1967)

– Miranda v. Arizona (1966)

– Kirby v. Illinois (1972)

• Once adversary proceedings have begun

– Brewer v. Williams (1977)

– Rothgery v. Gillespie County (2008)

– Missouri v. Frye (2012)

– Lafler v. Cooper (2012)

Copyright © 2019 Cengage Learning. All Rights Reserved.

Stages of the Criminal Process (2 of 2)

• Custodial interrogations

– Miranda v. Arizona (1966)

• Police lineups

– U.S. v. Wade (1967)

– Kirby v. Illinois (1972)

Copyright © 2019 Cengage Learning. All Rights Reserved.

Right to Counsel During Steps in

Felony Prosecutions (1 of 3)

Extent of Right Supreme Court Case

Arrest No lawyer required

Initial appearance
Lawyer required

if critical stage

Rothgery v. Gillespie

County (2008)

Ball
Lawyer required

if critical stage
Coleman v. Alabama (1970)

Charging No lawyer required

Preliminary hearing Lawyer required Coleman v. Alabama (1970)

Grand jury No lawyer allowed

Arraignment Lawyer required Hamilton v. Alabama (1961)

Copyright © 2019 Cengage Learning. All Rights Reserved.

Right to Counsel During Steps in

Felony Prosecutions (2 of 3)

Extent of Right Supreme Court Case

Interrogation

(preindictment)
Lawyer on request Miranda v. Arizona (1966)

Interrogation

(postindictment)
Lawyer required Massiah v. U.S. (1964)

Lineup (preindictment) No lawyer required Kirby v. Illinois (1972)

Lineup

(postindictment)
Lawyer required U.S. v. Wade (1967)

Plea bargaining Lawyer required

Brady v. U.S. (1970);

Tollett v. Henderson (1973);

Missouri v. Frye (2012)

Copyright © 2019 Cengage Learning. All Rights Reserved.

Right to Counsel During Steps in

Felony Prosecutions (3 of 3)

Extent of Right Supreme Court Case

Trial Lawyer required
Gideon v. Wainwright

(1963)

Sentencing Lawyer required Mempa v. Rhay (1967)

Probation revocation
Lawyer at court’s

discretion
Gagnon v. Scarpelli (1973)

Parole revocation
Lawyer at board’s

discretion
Morrissey v. Brewer (1972)

First appeal Lawyer required Douglas v. California (1963)

Discretionary appeal No lawyer required Ross v. Moffitt (1974)

Copyright © 2019 Cengage Learning. All Rights Reserved.

Ineffective Assistance of Counsel

• Objective Standard of Reasonableness

• Strickland v. Washington (1974)

– Did counsel’s conduct undermine the 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

– Few appellate court reversals on these grounds

Copyright © 2019 Cengage Learning. All Rights Reserved.

Self-Representation

• Defendants have a Sixth Amendment right to

self-representation.

– Pro se

– Missouri v. Frye (2012)

– Lafler v. Cooper (2012)

– Faretta v. California (1975)

– Limits

▪ Must show judge the ability to conduct the trial

▪ Standby council is available during the trial

Copyright © 2019 Cengage Learning. All Rights Reserved.

Thinking Point: Self-Representation

• You have just been arrested for armed robbery

of a bank. You decide you will represent yourself.

– Come up with a defense to your actions. Present

this to your class. Allow the class to ask questions.

– Discuss your overall experience and why you want

to defend yourself.

Copyright © 2019 Cengage Learning. All Rights Reserved.

Defense Attorneys and

Courtroom Work Group (1 of 2)

• Defining Winning

– Winning is doing the best for a client.

▪ Probation, accepting a plea to a misdemeanor

(assuming client is guilty), and so on

• Cooperative Attorneys

– Rewards

▪ Access to police reports, witnesses

– Sanctions

▪ Indirect: poor scheduling, dragging out of trials

▪ Direct: criticism, lack of assignment of some cases

▪ Tougher plea bargaining

Copyright © 2019 Cengage Learning. All Rights Reserved.

Defense Attorneys and

Courtroom Work Group (2 of 2)

• Variations in cooperation

– Inexperienced attorneys

– Gamblers

– Public defenders

– Private attorneys with large numbers of defendants

• An assessment

– Co-opted?

▪ Or

– Cooperative?

Copyright © 2019 Cengage Learning. All Rights Reserved.

The Criminal Bar

• Diversity and stratification of the legal profession

– Environment of practice

▪ Low status

▪ Difficulty in securing clients

▪ Low fees

Copyright © 2019 Cengage Learning. All Rights Reserved.

Providing Indigents with Attorneys

• Appointed counsel

• Indigents

– Those who are too poor to pay for an attorney and

are entitled to have one provided for them for free

▪ 75% of state prison inmates have a court-appointed

lawyer

▪ In urban courthouses, 82% of felony defendants are

too poor to hire their own lawyer

▪ It is up to counties to determine what type of system

they will utilize

Copyright © 2019 Cengage Learning. All Rights Reserved.

Three Systems of Providing

Indigents with Attorneys

1. Assigned counsel

– Attorneys appointed by the judge on a case-by-case

basis

2. Contract systems

– Attorneys hired to provide services for a specified

dollar amount

3. Public defender

– A salaried public official representing all indigent

defendants

Copyright © 2019 Cengage Learning. All Rights Reserved.

Assigned Counsel

• Most common in small counties

• Criticisms

– Least-qualified attorneys

– Inadequate pay

Copyright © 2019 Cengage Learning. All Rights Reserved.

Contract Systems

• Most common in small counties

• Criticisms

– Lower standard of representation due to bidding

– Private bar no longer plays an important role in

indigent defense

– Found unconstitutional in Arizona

Copyright © 2019 Cengage Learning. All Rights Reserved.

Public Defender

• Started in Los Angeles County, 1914

• Today the public defender system represents

approximately 70% of all indigents nationwide

• Public or private nonprofit organizations

representing indigents

• Funding occurs at the state or local level

Copyright © 2019 Cengage Learning. All Rights Reserved.

Courts, Controversy, and

Economic Inequality

• Are we spending too little or too much on indigent

defense?

– What do you think? Do we spend too much on indigent

defense, or do we currently spend too little?

– Do you agree more with the due process model or crime

control model thinking on indigent defense? Why?

Copyright © 2019 Cengage Learning. All Rights Reserved.

Assessing the Merits of the Public Defender

• Proponents

– Devote more attention to clients

– More experienced, competent counsel

– Continuity and consistency

• Critics

– Tied too closely to the courtroom work group

Copyright © 2019 Cengage Learning. All Rights Reserved.

Lawyers and Clients (1 of 2)

• Lawyer acts as advocate and counselor

– Privileged communication

• Lawyers’ views on their clients

– Frustration due to difficult clients

▪ Lack of trust

▪ Evasion

▪ Deception

▪ Failure to take advice

Copyright © 2019 Cengage Learning. All Rights Reserved.

Lawyers and Clients (2 of 2)

• Defendants’ views on their lawyers

– Skeptical about skill

– Worry about whose side their lawyer is on

– Suspicious

– Lack of one-to-one contact

Copyright © 2019 Cengage Learning. All Rights Reserved.

Defense Attorney Ethics

• Model Rules of Professional Conduct

– Zealous representation

– Abide by client’s decision

– Avoidance

– Act with reasonable diligence

– Keep the client reasonably informed

– Confidentiality

– Avoid conflict of interest

Copyright © 2019 Cengage Learning. All Rights Reserved.

Thinking Point: Model Rules of

Professional Conduct

• Research the Model Rules of Professional Conduct

adopted by the American Bar Association.

– Are the rules substantial? Why or why not?

– How do they apply directly to all courtroom actors?

– What are the advantages and disadvantages to this

ethical model?

– Would you change any of the rules? Why or why not?

Place your order
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more
error: Content is protected !!
Open chat
1
You can contact our live agent via WhatsApp! Via + 1 929 473-0077

Feel free to ask questions, clarifications, or discounts available when placing an order.

Order your essay today and save 30% with the discount code GURUH