Courts #2

How are attorneys assigned to defendants

assigned, appointed, hired

Gideon v Wainright, holding

All indigent defendants were accounted to court-appointed counsel in felony trials

When is a lawyer required to be present for a defendant

preliminary hearing, arraignment, if critical initial appearance, bail. After found guilty: interrogation, lineup, plea, trial

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

arrest, grand jury, lineup before indictment, discretionary appeal

Self-representation

defendants have a 6th Amendment right to self-representation

Must show the judge's ability to conduct the trial

Standby council is available during trial-cant ask questions, can’t present evidence, and can’t file motions

Right to counsel on appeal

right to court-appointed counsel for first appeal- free transcripts for first appeal as well

Death penalty cases- often go beyond the first appeal but no court-appointed counsel, all voluntary

Discretionary appeal- no lawyer required

Requirements needed for a successful appeal due to ineffective assistance of counsel

performance was objectively deficient, show the deficient performance affected the outcome

Career Criminals

history of repeated criminal activity

Ake v Oklahoma

Ake- ruled that states have to provide indigent criminal defendants with access to a psychiatric evaluation when mental state is a significant issue

Frustrations with the system

Trial delays, long waits, lost wages, fear of defendant, sense of indifference

Federal attorneys general

Represents the U.S. in legal matters, advising the president and head of executive departments, supervising legal actions in federal agencies

State attorney General

State’s chief legal officer, enforces both state and federal laws

Limited authority over criminal matters

Role of federal ag as it relates to state ag

U.S AG oversees federal legal matter and State AG are legal officers of their state

Both enforce state and federal laws

How State Attorney Generals are placed

election

How Federal attorneys are placed

appointed by president, confirmed by senate

Extra legal factors to be considered in making prosecution decisions

race, ethnicity, gender, socioeconomic status

Legal factors considered in making prosecution decisions

Admissibility of evidence, severity of crime, criminal history, victim wishes, public interest

Brady violation

prosecutor fails to disclose evidence that is favorable to the defendant

Difference between qualified and absolute immunity

qualified- when not acting as advocate for government

Absolute- if acting within the realm of prosecutorial functions/duties

Connick v Thompson

One cannot sue for civil rights violations under 1983 for failure to train prosecutors based on a single brady violation

Method to become federal judge

President nominates them, judiciary committee votes, senate confirms

Method to become state judge

election or appointed

Trends in the appointment of judges as it pertains to racial and sexual diversity

Predominately white and male

Holding in Chisolm v Roemer

6-3 decision for Chisolm- rejected the possibility that congress has intended for the 1982 amendment to exclude judicial elections