Chapter 10 Reading Notes
Right to Counsel: 6 amendment guarantee to counsel in criminal cases. Counsel must be
competent. Gideon v Wainwright extended this right to the states and Strickland v Washington
said counsel must be effective/ competent. Lawyer’s incompetence must play a key role in the
conviction to be used in an appeals process.
Criminal Defense attorneys: over worked and under-funded.
Legal Aid: volunteer to represent or assist indigent defendants.
Public defenders: county, state and federal levels; set up similar to prosecutor’s office
(one individual with multiple assistants). Specialty units.
Appointed Counsel: appointed by court, hourly rate, most incompetent (less access to
data bases/ most underfunded, etc.). Used when the region doesn’t have a public
defender’s office, and the other officers are too overworked/ don’t have the expertise
to take the case.
Private Attorneys: pro bono case work; flat fee or hourly rate. Often specialized.
Role of Advocate: protect defendant’s rights.
Presumption of Innocence: adversarial system and protections for the accused. State must
prove guilt beyond a reasonable doubt (varying definitions, does it need to be included in jury
Ethical Issues with Clients:
Conflicts of interest: with clients (co-defendants).
Attorney-client Privilege: legal entitlement meant to encourage truthful communication