3.1 Roles of Defense
The defense lawyer argues on the behalf of who?
The defendant
The prosecutor argues on the behalf of who?
The "state" or "people"
What are the 3 representation options for the defendant?
Pay for a defense lawyer, free public defender, and self-representation
What is confidential communication?
Communication that is only between the lawyer and the client
What is a defense strategy?
defense attorney and defendant describing how to best use the evidence to argue the defendant’s version of events to prove the defendant's innocence
What is the defense lawyer's role as a plea bargain point of contact?
They talk about the deal with the prosecutor and report back to the defendant with the details of the deal
What is the prosecutor's role as a plea bargain point of contact?
They create the plea bargain
What are the 4 benefits of having a defense attorney?
Knowledge
Funds
Communication & Experience
Reduced Stress
What is privileged communication?
Same as confidential, and the client permits certain people to have access to the information.
What is the defendant's version of events?
The defendant’s description of events leading up to and following their arrest
How does the defense lawyer assess the case?
They gather information from witnesses and police reports
How does the prosecutor assess the case?
They decide if a crime was committed or not
Name 2 ways a defendant work effectively with their defense attorney
Understand the Defense Attorney’s Situation
Provide the Defense Attorney with Requested Information
Be Completely Honest
Ask Questions
Respect the Defense Lawyer’s Experience
What is client-centered decision-making?
The client makes the final decision
What is confession?
The defendant admits they committed the crime for which they are charged
How does the defense lawyer prepare a defense?
They create a strategy
How does the prosecutor prepare a prosecution?
They build the Burden of Proof
Name 3 expectations the defendant may have from their defense lawyer
•Keep them informed about their case.
•Give advice, answer questions
•Interview witnesses.
•Inform the defendant of any changes, delays, or setbacks.
Communicate with the prosecutor and the court.
•Handle all motions and other legal documentation required.
Name 2 things the client would make the final decision in
Plea Bargain
Enter a plea
Whether to appeal
Self-Represent
What is complete denial?
The defendant claims they did not commit the crime for which they are being charged
How does the defense lawyer present the case to the court?
They present exhibits and witness testimony to prove the defendant's innocence
How does the Prosecutor present the case to the court?
They present exhibits and witness testimony to prove beyond reasonable doubt
Name 3 expectations the defense lawyer may have from their client
•Abide by the agreements they signed.
Inform their lawyer of any new evidence
•Reply to requests from their attorney in a timely manner.
•Tell their attorney the complete truth.
•Stay out of further legal trouble.
Why is client-centered decision-making important?
Gives the client a right to make a decision in their case. It would not be fair to the defendant to not make certain final decisions
What is admit and explain?
Admitting that some of the prosecutor's claims are true, however there is a rational reason the crime was committed