Legal System Overview: Defense Attorneys, Victims, Prosecutors, and Judges

A set of flashcards covering key legal concepts related to defense attorneys, victims, prosecutors, and judges.

Gideon v. Wainwright

A 1963 Supreme Court ruling that states must provide an attorney to defendants who cannot afford one in felony cases.

Self-representation

The ability of defendants to represent themselves in court if they voluntarily waive their right to counsel.

Right to counsel

The constitutional right for defendants to have legal representation, particularly in serious criminal cases.

Brady violation

Occurs when prosecutors fail to disclose exculpatory evidence, violating the rights of the defendant.

Qualified immunity

Protection for prosecutors from lawsuits unless they violate 'clearly established' rights.

Absolute immunity

Complete protection for prosecutors from civil lawsuits for actions taken in their official capacity.

Ake v. Oklahoma

A 1985 Supreme Court ruling providing indigent defendants the right to state-funded psychiatric experts when mental health is significant to their case.

Career criminals

Individuals with multiple felony convictions who engage repeatedly in criminal behavior.

Connick v. Thompson

A 2011 Supreme Court ruling stating prosecutors are not liable for failure to train staff on Brady violations unless there's a proven pattern of misconduct.

Chisolm v. Roemer

A 1991 Supreme Court ruling that at-large judicial elections can violate the Voting Rights Act if they dilute minority voting power.

How are attorneys assigned to defendants?

Attorneys can be assigned to defendants through public defender systems for those who cannot afford legal representation, or defendants may hire private attorneys of their choice.

When is a lawyer required to be present for a defendant?

A lawyer is required to be present for a defendant during critical stages of a criminal proceeding, such as arraignment, plea bargaining, and trial, to ensure fair representation and protect the defendant's rights.

When is it okay not to provide an attorney for a defendant?

It is okay not to provide an attorney for a defendant when the defendant knowingly waives their right to legal representation, typically in minor offenses or situations deemed appropriate by the court.

What are the requirements needed for a successful appeal due to ineffective assistance of counsel?

To succeed in an appeal due to ineffective assistance of counsel, a defendant must demonstrate that: 1) the attorney's performance was deficient and fell below an objective standard of reasonableness, and 2) this deficiency resulted in prejudice that affected the outcome of the case, meaning there is a reasonable probability that the result would have been different with effective representation.

What are some common frustrations with the legal system?

Common frustrations with the legal system include lengthy delays in court proceedings, perceived injustices in sentencing, high costs of legal representation, complexity and lack of transparency in legal processes, and feelings of disconnect or misunderstanding between defendants/litigants and the system itself.

What are the differences between Federal Attorneys General and State Attorneys General?

-Federal Attorneys General represent the federal government in legal matters and oversee federal law enforcement agencies, while

-State Attorneys General represent the state government, handle state legal issues, and enforce state laws.

-Additionally, Federal Attorneys General handle cases involving federal jurisdiction, while State Attorneys General focus on matters within their state's jurisdiction.

What is the role of Federal Attorneys General in relation to State Attorneys General?

Federal Attorneys General work alongside State Attorneys General in various capacities, including coordinating on legal issues that span both federal and state laws, providing guidance and resources for state-level legal challenges, and collaborating on enforcement actions in areas such as consumer protection, environmental law, and criminal justice, ensuring that the interests of both federal and state jurisdictions are addressed in matters of public concern.

How are attorneys general, both State and Federal, appointed or elected?

-Federal Attorneys General are nominated by the President of the United States and confirmed by the Senate, while

-State Attorneys General are typically elected by the voters of their respective states.

-In some states, however, Attorneys General may also be appointed by the governor or the state legislature.

What are some extra-legal and legal factors to consider in making prosecution decisions?

-Legal factors include the strength of evidence, the seriousness of the offense, and applicable statutes.

-Extra-legal factors may consist of community interests, public opinion, the impact on crime rates, potential for bias, and the socioeconomic background of the defendant, all influencing whether to proceed with prosecution.

What are the methods for becoming a judge at both the federal and state levels?

-At the federal level, judges are nominated by the President and confirmed by the Senate.

-For state judges, methods vary by state and can include appointment by the governor, election by the public, or selection through a merit-based system involving a nominating commission.

-In some states, judges may also be subject to retention elections after their initial appointment.

What are the trends in the appointment of judges concerning racial and sexual diversity?

Recent trends in the appointment of judges show an increasing emphasis on racial and sexual diversity, reflecting broader societal changes and advocacy for representation. Many jurisdictions are actively seeking to appoint more women and judges from historically underrepresented racial and ethnic backgrounds to ensure that the judiciary better reflects the population it serves, thereby enhancing fairness and equity in the legal system.