Chapter 6: Defense Attorneys PDF

Chapter 6 DEFENSE ATTORNEYS Adversarial System Two sides Different Interests Prosecutors and Defense Attorneys Role Protect clients rights Defense at all costs Challenge the government Right to Counsel Evolved Included in Bill of Rights (6th) Initially allowed hiring of attorney...

Chapter 6 DEFENSE ATTORNEYS Adversarial System Two sides Different Interests Prosecutors and Defense Attorneys Role Protect clients rights Defense at all costs Challenge the government Right to Counsel Evolved Included in Bill of Rights (6th) Initially allowed hiring of attorney 1932 expanded to include death penalty cases 1938 expanded to those who can’t afford it If you can go to jail you get a lawyer Types of Defense Programs Public Defender (Illinois) Sole job Larger jurisdictions More resources Caseloads Standards in some states Lack enforcement Overwhelmed/overworked Private vs. Appointed Which is better? Factually incorrect Private = smaller caseload, more time Appointed exact opposite Private more work into many cases No real difference in outcomes Effective Assistance No real definition for years two-pronged test evolved Deficient performance? Harm to the defendant? Totality of Circumstances Reality Work for the greater good Find a large caseload More time on inner workings than trials Convince clients to plea Majority of individuals are guilty (those charged) Hard to quantify success View is mostly negative