Textbook Notes (368,430)
United States (206,037)
CRJU 4100 (14)
Crowder (6)
Chapter 10

CRJU 4100 Chapter 10: Chapter 10
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Department
Criminal Justice
Course
CRJU 4100
Professor
Crowder
Semester
Spring

Description
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 instructions?). Ethical Issues with Clients: Conflicts of interest: with clients (co-defendants). Attorney-client Privilege: legal entitlement meant to encourage truthful communication
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