Chapter 4: The Defense Flashcards
canons of ethics
part of ABA model code of professional responsibility, pertains to representing client, improving the legal system, avoiding negative appearance, and observing client confidence
ABA model of professional responsibility
American Bar Association Standard of Behavior, which are voluntary and intended as self- regulating for lawyer conduct in courtroom and between lawyer and client.
state bar association
professional organizations of lawyers bound to observe the laws of various states where they reside
indigent defendants
poor people who are allowed counsel in hearings where jail is possible
Self-representation
acting as one’s own defense attorney in criminal proceeding. Representing oneself
Attorney Client Confidentiality Privilege
A conversation between counsel and client where no details from conversation will be disclosed to others.
Attorney competence
standards for determining whether clients are fairly and intelligently represented by their lawyers when they are charged with crime.
ineffective assistance of counsel
standard to determine whether client is defended in a competent way.
Jury trial
proceeding by which guilt or innocence of defendant is determine by jury.
public defender system
attorneys are appointed by the court to represent indigent defendants
assigned counsel system
program wherein indigent clients charged with a crime may have defense attorney appointed to them.
contract counsel (system)
private attorney contract with the state to do indigent defense
lie detector
designed to determine whether someone is telling the truth
subordination of prejury
the crime of producing someone to lie under oath
discovery
prosecution shares information with defense and vice versa
`habeas corpus petition
inimates challenge the legitimacy and nature of their confinement
brady materials
exculpatory materials that must be disclosed to defense counsel
brady violation
violation of discovery rule when prosecutor fails to turn over info
jencks materials
discoverable materials available from either prosecution or defense before trial
burden of proof
the requirement to introduce evidence to prove an alleged fact or set of facts.
evidence
all materials or means admissible in court of law to allow judge/ jury to create their own thought on the matter of issue.
evidentiary
pertains to the rules of evidence or the evidence in particular case
derivative evidence
information obtained as the result of previously discovered evidence
conclusive evidence
compelling evidence that is so strong that it cannot be disputed
direct evidence
evidence offered by an eyewitness who testifies to what was seen/ heard
circumstantial evidence
material provided by a witness from which a jury must infer the fact
demonstrative evidence
material related to a crime that is presented by testimony of other people
corroborating evidence
backs up other evidence
affirmative offenses
responses to a criminal charge where defendant bears the burden of proof which goes beyond simple denial of facts
Automatism
a set of actions taken during a state of unconsciousness
intoxication
the state of being incapable of performing certain tasks legally
coercion
defendants state that they were force to conduct illegal action
duress
used by defendant to show lack of criminal intent
necessity
a condition that compels someone to act because of perceived needs
alibi
defense to a criminal allegation, someone who can put accused somewhere else at the time of the crime
entrapment
a defendant is lulled into criminal conduct by another
defense of property
an excuse for criminal conduct
mistake
alleges an act was NOT criminal because the person charged did not know the act was illegal
self- defense
conduct is justified because the defendants life was in jeopardy
Defense Attorney
seeks to show the defendant did not do it
