Criminal Justice System Notes

The Bill of Rights prevents the government from withholding certain rights.
These rights include the right to be secure in our persons, houses, papers, and effects.
The state cannot disregard natural rights unless it's reasonable.

The right to counsel applies across the board.
Arjur Singer v. Hamlin: An individual cannot be imprisoned if they did not have the assistance of counsel, regardless of the charge or what happened.
Without counsel, imprisonment for even a single day is prohibited.
A fine, like a traffic fine (e.g., 25), may be levied, but imprisonment is not allowed if the defendant did not have counsel.
The right to court-appointed counsel is available if the defendant cannot afford it.

The defense attorney's role is to hold the government accountable.
The defense attorney challenges the government to produce evidence and persuade the jury.
Defense attorneys challenge unlawfully obtained evidence, whether physical evidence or a confession, based on violations of the Fourth, Fifth, and Sixth Amendments.

The defense attorney aims to undermine or break down the prosecutor's case.
The prosecutor's evidence is like blocks stacked up to build a case.
The defense attorney's job is to "round off" those blocks, challenging the validity and reliability of the evidence.
Rounding off blocks represents challenging witnesses, questioning reports, and overall weakening the prosecution's case.
Rounded blocks (evidence) are harder to stack, making the case less steady.

Prosecutors must play by the rules.
It is unacceptable for a prosecutor to pursue a conviction if they do not genuinely believe the defendant is guilty.
The system aims to prevent prosecutors from seeking convictions solely to enhance their reputation ("tough on crime") if they doubt the defendant's culpability.
Defense attorneys do not have an obligation to help the court convict their client, even if they know the client is guilty.
The defense attorney's role is to try to get their client found not guilty, even if they know they are guilty.
The legal system aims for equal justice, but it doesn't always work perfectly.

The right to the assistance of counsel is guaranteed, regardless of the ability to pay.
If a defendant cannot afford an attorney, they have the right to court-appointed counsel.
If a defendant can afford to pay, they can choose their lawyer.
Different states have different systems for appointing defense attorneys.

Contract Basis: The state hires a law firm on a contract basis to act as a public defense.
Ad Hoc: Lawyers are appointed as needed and paid for their services.
List System: A list of lawyers is maintained, and the court assigns cases to lawyers on the list in order.
Public Defender System: A government-funded agency hires lawyers and investigators to provide defense services.

Paying for an attorney (e.g., Perry Mason reference) does not guarantee a favorable outcome.
The prosecutor's job is to try to find the defendant guilty, while the defense attorney's job is to try to get them off.
The defense attorney's efforts are ideally aimed at highlighting when the prosecutor didn't do their job properly.

The final exam will be open for eight days.
The final exam includes multiple-choice questions, matching questions, and scenario-based questions.
There are approximately 10 scenarios, with two to three questions per scenario.
Students are advised not to wait until the last minute to complete the exam due to its substantial nature.
Questions can be brought to the next class meeting for discussion.