Chapter 4 Flashcards

1
Q

ABA Model Code of Professional Responsibility

A

American Bar Association standards of behavior, which are intended to as self-regulating for lawyer conduct.

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2
Q

Affirmative defenses

A

Responses to a criminal charge where the defendant bears the burden of proof which give new facts in favor of the defendant

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3
Q

Alibi

A

Defense to criminal allegation that places an accused individual at some place other than where the crime occurred.

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4
Q

Assigned counsel system

A

Program wherein indigent clients charged with crimes may have defense attorneys appointed for them.

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5
Q

Attorney competence

A

Standards for determining whether clients are fairly represented by their lawyers.

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6
Q

Attorney-client confidentiality and privilege

A

Relation between counsel and his client wherein any information exchanged between parties will not be disclosed to others.

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7
Q

Automatism

A

A set of actions taken during a state of unconsciousness

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8
Q

Brady materials

A

Exculpatory materials must be disclosed through discovery to defense counsel by the prosecution when the defendant is to be tried for a crime.

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9
Q

Brady violation

A

violation of discovery rules when prosecutor fails to turn over exculpatory evidence to defense counsel

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10
Q

Burden proof

A

The requirement to introduce evidence to prove an alleged fact.

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11
Q

Canons of Professional Ethics

A

Part of ABA Model Code of Professional Responsibility formulated in 1908

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12
Q

Circumstantial evidence

A

Material provided by a witness from which a jury must infer a fact

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13
Q

Coercion

A

Affirmative defense similar to duress, wherein defendants allege that they were forced to commit an illegal act

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14
Q

Conclusive evidence

A

Proof establishing guilt beyond reasonable doubt

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15
Q

Contract system

A

Providing counsel to indigent offenders by having an attorney under contract

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16
Q

Corroboration

A

Evidence that strengthens the evidence already given

17
Q

Defense of property

A

affirmative defense to justify an illegal conduct where the defendant claim to have breaking the law to save his property.

18
Q

Demonstrative Evidence

A

Materials related to a crime that is apparent to the senses.

19
Q

Derivative evidence

A

Information obtained as the result of previously discovered evidence

20
Q

Direct evidence

A

Evidence offered by an eyewitness who testifies to what was seen or heard

21
Q

Discovery

A

Procedure where prosecution shares information with defense attorney and defendant

22
Q

Duress

A

Affirmative defense used by defendants to show that they were forced to commit an illegal act.

23
Q

Entrapment

A

Activity by law enforcement officers that encourages others to commit a crime which wouldn’t happen without officers intervention

24
Q

Evidence

A

All materials admissible in court of law to produce a belief in the mind of the court or jury concerning the matter issue.

25
Q

Evidentiary

A

Pertaining to the evidence or rules of evidence .

26
Q

Habeas corpus petition

A

Writ filed by inmates challenging the legitimacy of their confinement