Intro to courts, Chapter 6: Defense Attorneys in Criminal Courts

These flashcards cover key concepts about defense attorneys and their roles, rights of defendants, and ethical considerations in criminal law.

Defense Attorney

A lawyer who represents individuals accused of crimes, promoting their interests and protecting their rights.

Right to Counsel

The constitutional guarantee that a defendant has the right to be assisted by a lawyer during legal proceedings.

Indigent Defendant

A person accused of a crime who cannot afford to hire a lawyer and is thus provided one at public expense.

Effective Assistance of Counsel

The constitutional right to have legal representation that meets basic standards of competency.

Public Defender

A lawyer employed by the government to represent indigent defendants.

Plea Bargain

An agreement between a defendant and prosecutor where the defendant pleads guilty to a lesser charge to receive a more lenient sentence.

Adversarial Proceedings

Legal proceedings characterized by opposition between parties where each seeks to prove their case.

Holistic Defense

A legal defense approach that addresses broader issues affecting the defendant's life beyond immediate legal representation.

Assigned Counsel Programs

A system where private attorneys are appointed on a case-by-case basis to represent indigent defendants.

Contract Attorney Programs

Programs in which private attorneys are hired under contract to represent indigent defendants.

Critical Stage

A point in legal proceedings where substantial rights of a defendant may be affected, necessitating the presence of an attorney.

Strickland v. Washington

A landmark Supreme Court case establishing the standard for determining whether a criminal defendant's Sixth Amendment right to counsel was violated.

McCoy v. Louisiana

A case that examined whether a defendant's right to make strategic decisions about their defense was respected.

Gideon v. Wainwright

A Supreme Court case ruling that states are required to provide counsel for defendants unable to afford an attorney in criminal cases.

Argersinger v. Hamlin

A ruling that holds no individual should face imprisonment without legal representation.

Ethics in Legal Representation

The moral principles that govern the conduct of defense attorneys, including confidentiality and diligent representation.

Trial Phase

The stage in a criminal case where evidence is presented and a verdict is reached.

Rights of the Accused

The legal protections afforded to individuals who are accused of crimes, such as the right to a fair trial and legal representation.

Case Dismissal Rate

The frequency at which cases are dismissed in relation to the performance of retained versus appointed counsel.