Exam Two Study Guide Flashcards
What are two ways to measure a lawyers competence
Extent of training and education in general and specific law
The come city of a case and whether the lawyer has the time to complete representation.
What is one thing required under the expectation that lawyers will show due diligence
Lawyers will follow a case through to its closure
What are two situations in which a lawyer will not be required to maintain confidentiality
Prevention of perjury
Prevention of crime of fraud, serious injury or death
What are these circumstances in which a conflict of interest might arise for a lawyer
If representing one client will be directly adverse to another client
Representing two clients involved in the same case
Representing a client involved in the same or related matter in which a firm the lawyer has been formally associated with has previously represented the client unless consent provided
What two things must a defendant show in order to successfully argue they did not have effective representation from their lawyer
The lawyers underlying motive for initiating the case is to harass or injure another
The lawyer fails to appropriately and timely communicate with the client
What are three examples of things that may be publicly communicated about a case?
The charge or offence
Identity and public record of the offender
If investigation is ongoing and when a trial may happen
What are at least two things that should be included in a written contingency fee arrangement?
The percentage to be charged and the method of calculation
If the client is liable for anything new if no recovery made
What are two ethical duties of judges?
To remain unbiased, independent and objective when hearing cases and different parties arguments
Responsible or refereeing the court such as informing the jury and holding themselves accountable by answering to a judicial review board
What are the two situations in which an attorney ex parte communication w a judge is acceptable
When the communication is unlikely to give one attorney an unfair advantage over another
In an emergency situation and in Scheduling issues
What are two examples of limits placed on the free speech rights of judges
Cannot comment on cases the judge is overseeing
Cannot praise nor criticise the jury on their verdict after the case is concluded
What are two factors that are considered in determining if a judge or their family may receive an item of value?
The value and occasion of the gift eg a $20 gift hamper at Christmas is acceptable; a $200000 yacht on a Tuesday is not
Intent of giving and receiving this cannot come from an individual who may appear before the judge in court as that is then a bribe
What is the anti - contact rule regarding prosecutors
The anti contact rule is a rule that prohibits prosecutors from communicating with individuals who are presented by counsel thus if the individual has a lawyer in a case the opposing lawyer cannot contact them specifically regarding the case
What obligation does a prosecutor have to reveal exculpatory evidence to the defence
The prosecutor must disclose any exculpatory evidence, that is material to guilt, they have the defence if the defence makes a formal request. Only have to disclose evidence that if suppressed would prevent a fair trial
What is one issue with locating prisons in rural areas and one issue with locating them in urban areas
Rural: isolation from urban environment and much of civilisation
Urban: officers and inmates from the same neighbourhood may feel hateful or empathetic together one another eg personal vendettas or personal favours
What are two good traits in correctional volunteers
Reliable and emotionally stable
Humble, empathic and understanding but strong willed
What are three types or power that give correctional officers authority over inmates
Reward power: use of rewards to gain compliance
Expert power: use of skills, experience and expertise to gain respect and admiration
Legitimate power: power governs to officers by the state
What are three items in the correctional officer code
Always aid other officers in distress
Don’t make fellow officers look bad in front of inmates
Always support fellow officers in disputes with inmates
What are three ways in which the officer subculture influences new officers
Create a mentality of inmates being the enemy and cannot be trusted
They learn how to anticipate trouble
Learn to recognise signs that problems are developing such as lack of noise
What are three characteristics of officers that make them more likely to be targets of office manipulation
Social isolation: below average appearance, low self esteem and limited opportunities in outside world
Wild social life: comes to work tired/hungover, sleeps on job and outgoing
Financial problems: likely to be perceived as greedy, appearing to only want a one time quick buck deal with an inmate
What are two duties of probation officers
Referral of probationers to appropriate social resources and services in the community for rehabilitation purposes
The enforcement of court orders such as removal of a firearm from a probationer’s home if they are not allowed firearms while on probation
What are three of the four types of probation officers
Law enforcers: see obeying law as essential and focus on authority; more likely to write poor reports to send person to jail
Time servers: similar to law enforcers but more adaptable and willing to change; more lenient on probationer’s than law enforcers
Synethic officers: balance of law and therapy; likely to overlook minor violations and give second chances
What are the two types of corrupt probation officers
Grass eaters: accept bribes and payments but do not search for it
Meat eaters: aggressively seek exploitation opportunities for financial gain
What are two reasons why there has been growth in the private security industry
Rise in the fear of crime
Surge in workplace related crime
How do types of laws that govern private security differ from those that govern public police
Private security is governed by civil law known as torts while public policing is governed by criminal and civil litigation
Private officers do not have to tell offenders their Miranda rights
What is one of the reasons why a loss prevention officer might make a bad stop?
A loss prevention officer might make a bad stop if they are a novice and get overexcited about apprehending a supposed shoplifter
What is a limitation of the shopkeepers privilege
It makes private security personnel more vulnerable to civil litigation when using force than normal police officers as it only grants reasonable force against private citizens
What is a reason why a store might have a no chase policy for its security agents
There may be a no chase policy in place for safety of officers. As they are usually unarmed and do not have means of self defence chasing an offender can be dangerous
What are the three most serious forms of ethical misconduct by private security agents
Race and sexual discrimination/harassment
Privacy infringements
Use of force violations
