Adjudication Chapter 7 Outline
Chapter 7: Defense Attorneys
I. Interpret the Four Major Legal Issues Surrounding the Right to Counsel
A. After Gideon v. Wainwright established a right to counsel for indigent felony defendants, courts have wrestled with four areas:
1. Right to counsel in nonfelony prosecutions
2. Stages of the criminal process
3. Ineffective assistance of counsel
4. Self-representation
II. Discuss How the Courtroom Work Group Affects How Defense Attorneys Represent Their Clients
A. Lawyers who work within the parameters of the courtroom work group receive benefits for their clients, including more case information from prosecutors and perhaps better plea bargains. Lawyers who are less cooperative find that they do not get favorable case-scheduling considerations and get less favorable plea bargains.
III. Why Most Lawyers Do Not Represent Criminal Defendants
A. Most lawyers practice civil law because it is more lucrative, they have higher prestige, and they have fewer problems dealing with clients.
IV. Compare and Contrast the Three Systems of Providing Indigents with Court-Appointed Attorneys
A. The three major ways of providing indigents with court appointed attorneys are:
1. Assigned counsel
2. Contract systems
3. Public defender
B. Studies find no major differences between these three systems in the results achieved.
V. Possible Tensions between Lawyers and Clients
A. Lawyers sometimes view their clients as not telling them the whole truth about a case and at times seeking to manipulate their lawyers. Defendants may view their attorneys as not fighting hard enough for them and seeking to accommodate the judge and prosecutor.
VI. Analyze the Importance of Legal Ethics to the Defense of Criminal Defendants
A. Legal ethics seek to ensure that lawyers will zealously advocate for their clients. Lawyers must assert valid defense and ensure confidentially. But legal ethics places professional limits on how far that advocacy may go, including not using perjured or
I. Interpret the Four Major Legal Issues Surrounding the Right to Counsel
A. After Gideon v. Wainwright established a right to counsel for indigent felony defendants, courts have wrestled with four areas:
1. Right to counsel in nonfelony prosecutions
2. Stages of the criminal process
3. Ineffective assistance of counsel
4. Self-representation
II. Discuss How the Courtroom Work Group Affects How Defense Attorneys Represent Their Clients
A. Lawyers who work within the parameters of the courtroom work group receive benefits for their clients, including more case information from prosecutors and perhaps better plea bargains. Lawyers who are less cooperative find that they do not get favorable case-scheduling considerations and get less favorable plea bargains.
III. Why Most Lawyers Do Not Represent Criminal Defendants
A. Most lawyers practice civil law because it is more lucrative, they have higher prestige, and they have fewer problems dealing with clients.
IV. Compare and Contrast the Three Systems of Providing Indigents with Court-Appointed Attorneys
A. The three major ways of providing indigents with court appointed attorneys are:
1. Assigned counsel
2. Contract systems
3. Public defender
B. Studies find no major differences between these three systems in the results achieved.
V. Possible Tensions between Lawyers and Clients
A. Lawyers sometimes view their clients as not telling them the whole truth about a case and at times seeking to manipulate their lawyers. Defendants may view their attorneys as not fighting hard enough for them and seeking to accommodate the judge and prosecutor.
VI. Analyze the Importance of Legal Ethics to the Defense of Criminal Defendants
A. Legal ethics seek to ensure that lawyers will zealously advocate for their clients. Lawyers must assert valid defense and ensure confidentially. But legal ethics places professional limits on how far that advocacy may go, including not using perjured or