Chapter 4 Flashcards
ABA Model Code of Professional Responsibility
American Bar Association standards of behavior, which are intended to as self-regulating for lawyer conduct.
Affirmative defenses
Responses to a criminal charge where the defendant bears the burden of proof which give new facts in favor of the defendant
Alibi
Defense to criminal allegation that places an accused individual at some place other than where the crime occurred.
Assigned counsel system
Program wherein indigent clients charged with crimes may have defense attorneys appointed for them.
Attorney competence
Standards for determining whether clients are fairly represented by their lawyers.
Attorney-client confidentiality and privilege
Relation between counsel and his client wherein any information exchanged between parties will not be disclosed to others.
Automatism
A set of actions taken during a state of unconsciousness
Brady materials
Exculpatory materials must be disclosed through discovery to defense counsel by the prosecution when the defendant is to be tried for a crime.
Brady violation
violation of discovery rules when prosecutor fails to turn over exculpatory evidence to defense counsel
Burden proof
The requirement to introduce evidence to prove an alleged fact.
Canons of Professional Ethics
Part of ABA Model Code of Professional Responsibility formulated in 1908
Circumstantial evidence
Material provided by a witness from which a jury must infer a fact
Coercion
Affirmative defense similar to duress, wherein defendants allege that they were forced to commit an illegal act
Conclusive evidence
Proof establishing guilt beyond reasonable doubt
Contract system
Providing counsel to indigent offenders by having an attorney under contract