Chapter 4: The Defense

Question 1

canons of ethics

Answer 1

part of ABA model code of professional responsibility, pertains to representing client, improving the legal system, avoiding negative appearance, and observing client confidence

Question 2

ABA model of professional responsibility

Answer 2

American Bar Association Standard of Behavior, which are voluntary and intended as self- regulating for lawyer conduct in courtroom and between lawyer and client.

Question 3

state bar association

Answer 3

professional organizations of lawyers bound to observe the laws of various states where they reside

Question 4

indigent defendants

Answer 4

poor people who are allowed counsel in hearings where jail is possible

Question 5

Self-representation

Answer 5

acting as one’s own defense attorney in criminal proceeding. Representing oneself

Question 6

Attorney Client Confidentiality Privilege

Answer 6

A conversation between counsel and client where no details from conversation will be disclosed to others.

Question 7

Attorney competence

Answer 7

standards for determining whether clients are fairly and intelligently represented by their lawyers when they are charged with crime.

Question 8

ineffective assistance of counsel

Answer 8

standard to determine whether client is defended in a competent way.

Question 9

Jury trial

Answer 9

proceeding by which guilt or innocence of defendant is determine by jury.

Question 10

public defender system

Answer 10

attorneys are appointed by the court to represent indigent defendants

Question 11

assigned counsel system

Answer 11

program wherein indigent clients charged with a crime may have defense attorney appointed to them.

Question 12

contract counsel (system)

Answer 12

private attorney contract with the state to do indigent defense

Question 13

lie detector

Answer 13

designed to determine whether someone is telling the truth

Question 14

subordination of prejury

Answer 14

the crime of producing someone to lie under oath

Question 15

discovery

Answer 15

prosecution shares information with defense and vice versa

Question 16

`habeas corpus petition

Answer 16

inimates challenge the legitimacy and nature of their confinement

Question 17

brady materials

Answer 17

exculpatory materials that must be disclosed to defense counsel

Question 18

brady violation

Answer 18

violation of discovery rule when prosecutor fails to turn over info

Question 19

jencks materials

Answer 19

discoverable materials available from either prosecution or defense before trial

Question 20

burden of proof

Answer 20

the requirement to introduce evidence to prove an alleged fact or set of facts.

Question 21

evidence

Answer 21

all materials or means admissible in court of law to allow judge/ jury to create their own thought on the matter of issue.

Question 22

evidentiary

Answer 22

pertains to the rules of evidence or the evidence in particular case

Question 23

derivative evidence

Answer 23

information obtained as the result of previously discovered evidence

Question 24

conclusive evidence

Answer 24

compelling evidence that is so strong that it cannot be disputed

Question 25

direct evidence

Answer 25

evidence offered by an eyewitness who testifies to what was seen/ heard

Question 26

circumstantial evidence

Answer 26

material provided by a witness from which a jury must infer the fact

Question 27

demonstrative evidence

Answer 27

material related to a crime that is presented by testimony of other people

Question 28

corroborating evidence

Answer 28

backs up other evidence

Question 29

affirmative offenses

Answer 29

responses to a criminal charge where defendant bears the burden of proof which goes beyond simple denial of facts

Question 30

Automatism

Answer 30

a set of actions taken during a state of unconsciousness

Question 31

intoxication

Answer 31

the state of being incapable of performing certain tasks legally

Question 32

coercion

Answer 32

defendants state that they were force to conduct illegal action

Question 33

duress

Answer 33

used by defendant to show lack of criminal intent

Question 34

necessity

Answer 34

a condition that compels someone to act because of perceived needs

Question 35

alibi

Answer 35

defense to a criminal allegation, someone who can put accused somewhere else at the time of the crime

Question 36

entrapment

Answer 36

a defendant is lulled into criminal conduct by another

Question 37

defense of property

Answer 37

an excuse for criminal conduct

Question 38

mistake

Answer 38

alleges an act was NOT criminal because the person charged did not know the act was illegal

Question 39

self- defense

Answer 39

conduct is justified because the defendants life was in jeopardy

Question 40

Defense Attorney

Answer 40

seeks to show the defendant did not do it