attorneys Flashcards
what do lawyers do?
Act as advisors
Draft documents
Act as Negotiators
Cause Lawyering
Spend most time in office
Litigate
adversarial system
one in which you obtain the fairest decision when two men/women argue as unfairly as possible on opposite sides.
four levels of attorneys
US attorneys at the federal level
State attorneys at the state level (Attorney General)
District attorneys at the county level
City attorneys at the local level
limits on discretion
Criminal Justice Wedding Cake
Courtroom Work Group
Judges
Statutory Law
Election/Public Opinion
types of indigent services
Public defender
Assigned counsel attorneys
Contract attorneys
defense council
Local lawyers who sign up to represent indigents and are assigned on a case-by-case basis
Not salaried like public defenders
public defender
salaried lawyers paid by the state - full or part time.
Pro:
Experienced
Extensive Resources
Will be paid their salary regardless so work equally for all defendants
Part of Courtroom work group
Con:
Part of the Courtroom Work Group
More motivated to plea bargain
Will be paid regardless so may not have motivation to work as hard
assigned council
Local lawyers who sign up to represent indigents and are assigned on a case-by-case basis
contract attorney system
a government unit (it could be local, county, or state) contracts with a law firm, bar association or some other group to handle cases over a set period of time.
Pros? Cons?
They have experience potentially and not salaried by the state, but lawyer will still get paid by firm regardless.
But motivation is still probably lower than their regular clientele and still don’t have same access to courtroom work group resources, but do have the resources of a larger firm or organization.
civil lawyers
cause lawyers, legal aid lawyers (not paid well, out of moral good) handle civil not criminal cases, paid relatively well
LSC
LSC is the single largest funder of civil legal aid for low-income Americans in the nation.
LSC is headed by a bipartisan board of directors whose 11 members are appointed by the President and confirmed by the Senate.
criminal law
Parties Involved: In criminal cases, the government (prosecution) brings charges against the accused individual or entity (defendant) for violating criminal laws.
Standard of Proof: The standard of proof in criminal cases is higher than in civil cases. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, a higher threshold that leaves no reasonable doubt in the minds of the jurors or judge.
Penalties: Criminal penalties vary depending on the severity of the offense and may include fines, probation, imprisonment, or even death in cases of capital crimes. The primary focus is on punishment and rehabilitation of the offender.
Legal Proceedings: Criminal cases typically involve formal charges filed by the prosecution, followed by arraignment, pretrial motions, trial, and sentencing. The defendant has the right to legal representation and a fair trial by a jury of their peers.
civil law
Parties Involved: In civil cases, the parties involved are typically private individuals or entities, such as corporations or government agencies.
Standard of Proof: The standard of proof in civil cases is generally lower than in criminal cases. In civil cases, the plaintiff must prove their case by a preponderance of the evidence, meaning that it is more likely than not that the defendant is liable.
Penalties: Civil penalties often involve monetary compensation (damages) awarded to the injured party. Other remedies may include injunctions, which require a party to stop or perform a specific action, or declaratory judgments, which clarify the legal rights of the parties involved.
Legal Proceedings: Civil cases are initiated by the filing of a complaint by the plaintiff, followed by a series of pretrial procedures, including discovery and settlement negotiations. If the case proceeds to trial, a judge or jury will decide the outcome based on the evidence presented.
