CJC 101 Lecture Notes - Lecture 30: Jury Trial, Murder, Surety Bond

• School: Ball State University
• Department: Crim Justice & Crimy
• Course: CJC 101
• Professor: Gibbs

Document Summary

Indigent clients must be given an attorney when charged with a felony. Indigent clients must be given an attorney when charged with an offense that has the potential for an incarceration term. Research has found that having a competent private attorney is the single most important factor separating those exonerated in a murder case and those that are executed. Most types of cases, the exoneration rate is the same. Defendants with publically financed attorneys are sentenced to periods of incarceration more often. Defendants with publically financed attorneys when sentenced to prison, are sentenced for longer periods. Persons are guaranteed to right to competent attorneys. Determined a two-pronged test to determine attorney competency. Defendant must show that the counsel was deficient that essentially eliminated the benefit of having an attorney. Defendant must show that the deficiency prejudiced the case to the extent the defendant was deprived of a fair trial.