Test 2 Flashcards
(53 cards)
Balance the clients interest against respect for the law and some objective standard of justice
Role of moral agents
Duty is to defend interest of client
Lawyers have obligation to pursue the clients definition of justice
Role of legal advocate
Public defender trying to win at all costs?
Defenders represent the system more than client
Zealous advocate
many defendants receive incompetent and/or less-than-zealous representation
Standing committee on ethical responsibility rules on violations,
Penalties range from censure to suspension to disbarment
Disciplinary action against attorneys
Most common complaint against attorneys
Incompetence and negligence
In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify
ABA rule 1.2: Scope of representation and allocation of authority between client and lawyer
Attorney cannot be compelled to testify against the client regarding information obtained while representing the client;
Necessary for clients to be open with attorneys and share information that they must have to conduct a competent defense
Attorney/Client privilege
Client tells attorney of a crime he/she is going to commit or client tells attorney where body is located are:
privilege dilemmas
Prevent “reasonably certain death or substantial bodily harm”
Prevent a crime or fraud that is reasonably certain to result in substantial injury, financial interests or property of another are :
Exceptions to attorney/client privilege
Decision whether a case goes to trial decide what charges will be filed decide what evidence and witnesses will be presented decide when a case goes to trial negotiate guilty pleas
Power of the prosecutor
Defense-Responsibility to client obligation of confidentiality Prosecution- Client is public obligation to aid in discovery process Zealous pursuit of truth, even if that defeats the prosecution
Contrast between defense and prosecution
prosecutor obligation to reveal the evidence acquired for trial and to name the witnesses who may be called on to testify
Discovery
Why do we need prosecutorial discretion in our system
Not enough prosecutors and trial court
Not all violations are worthy of prosecution
Not all victims want to prosecution
Why do we need prosecutorial discretion in our system
Not enough prosecutors and trial court
Not all violations are worthy of prosecution
Not all victims want to prosecution
The decision of what to do with a person convicted of a criminal offense
sentencing
The purposeful infliction of pain on a person as a result of a criminal conviction
Criminal punishment
How punishment affects social values
Defends what is improper behavior
Builds a sense of togetherness among the law abiding
Supports our beliefs about the nature of humankind and society
Supports punishment as an example of what awaits lawbreakers
Assumes people exercise “rational Choice”
Deterrence
The 2 types of deterrence
General deterrence- Punishment of offender makes others afraid to commit the offense
Specific deterrence-
Seeks to deter the specific offender from offending again
Prevents offenders from having opportunity to commit new crimes
Incapacitation
Tries to change the offenders need or desire to commit crime
Treatment
Does not seek to deter future crime
Offender has earned punishment
Desert (retribution)
Restoring victims from the harms of crime
Restoration
The core dilemma in sentencing is to balance
The needs of the many vs th needs of the individual
