Attorney is Deficient When (Ineffective assistance of council)When the attorney doe not do their job in representing their clientThe attorney is ineffective if the attorney’s conduct is so deficient that it undermines the proper functioning of the adversarial process to the point that we cannot rely on the trial to produce a just result.Defendant has to prove that the lawyer was inefficientThe errors were so serious that the attorney was not acting as the defendant’s advocateShow that council’s performance hurt the defendant’s casePost conviction relief hearingThey have to prove how the lawyer messed upThere’s a difference when the defense lawyer loses and when they don’t do their jobWhen evidence is seized illegallyWhen the client’s rights are violated and the council does not bring it up in courtWhen they prosecution makes the defendant look really bad in front of the juryThe defense lawyers has a duty to show how the client got to this pointFor example, if he had a rough childhood, or some mental illness, defense lawyers have to bring that upFailure to file an appeal on timeDefendant’s file against council a lotFunds for assigned councilPrivate lawyers and public lawyers are paid differentlyThey have less resources than private prosecutorsWhy not fund them better?People find them as obstaclesImpediment to the whole systemIf funded, it would seem more affectiveConfessions5th amendmentYou plead the 5thSelf incriminationA defendant can stay silent during an investigationProsecution can not even comment on the silence of the defendantGenerally if you know something about a criminal case you have an obligation to testify and help the state prosecute the crimeThere are privileges to providing information to law enforcementReligious privilege- priest penitent privilegewhen someone does something and confesses the clergyman of their crimethey confessed to themthose clergymen are not allowed to say anythingand those people don’t have to go to law enforcement and tell them about the confessionMedical privilege- doctor patient privilegeStatements made for the purpose of medical treatment are privilegedThey can not be forced out of themIt has to be a statement made for medical care, any other statements made is not privilegedLegal privilege-attorney client privilegeLawyers need to know the truth to defend their clientOf course lawyers can not be put on the stand and testifyMarital privilege- husband wife privilegeprotects communication between spousesit encourages spouses to communicate with each otherwe want to uphold this institution of marriagecommunication as in an exchanging of wordsif there are things that a spouse saw or heard that is not protectedSelf incrimination- the right not to testify against yourself (5th amendmentOnly applies to testimonial evidenceTestimony not physical evidenceCan not refuse to hand over physical evidence as self incriminationOn occasion there is a defendant that voluntarily makes a statement maybe to a friendSometimes law enforcement will need your testimonyIf they grant you immunity from criminal prosecution, then you need to talkCan not refuse to testify if for example you can get suedonly in criminal mattersMiranda vs. ArizonaCourt said “the prosecution cannot use statements to prove his guilt if they came from custodial interrogation unless the prosecution proves they tried to safe guard the defendant’s rights”The safe guard is when law enforcement reads you your rightsOnce you are in custody and being interrogated they have the right to remain silent and needs to be told that anything he says can be used against himAnd that he can have council present, still 5th amendmentAlso needs to be told that if he can’t afford an attorney, an attorney can be appointed for youImpeachment- law enforcement can bring up something you said just to prove that you lieonce the defendant says he does not want to talk when law enforcement wants to ask questionsthat just means for nowand the interrogation must end but it can be picked up hours or days lateronce they say I need my lawyer present the interrogation must end until the lawyer is presentlaw enforcement is not required to give you a lawyer, they can stop the interrogation but they wont make the arrangements to get you a lawyerits on youWhen law enforcement gets a statement from the defendantIt’s the state that needs to prove that the defendant waved his rightsLaw enforcement makes you sign off on the statement or whatever you said that will help the prosecutionCRJU 203 1st Edition Lecture 15Outline of Lecture I. Ineffective Assistance of Council II. Confessions a. Privileges:i. Religious ii. Medical iii. Legal iv. Marital v. Self- incrimination III. Miranda v. Arizona Lecture Attorney is Deficient When (Ineffective assistance of council) - When the attorney doe not do their job in representing their client - The attorney is ineffective if the attorney’s conduct is so deficient that it undermines the proper functioning of the adversarial process to the point that we cannot rely on the trial to produce a just result.- Defendant has to prove that the lawyer was inefficient o The errors were so serious that the attorney was not acting asthe defendant’s advocate - Show that council’s performance hurt the defendant’s case o Post conviction relief hearing o They have to prove how the lawyer messed up - There’s a difference when the defense lawyer loses and when they don’t do their job - When evidence is seized illegally o When the client’s rights are violated and the council does not bring it up in court - When they prosecution makes the defendant look really bad in frontof the jury These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o The defense lawyers has a duty to show how the client got to this point o For example, if he had a rough childhood, or some mental illness, defense lawyers have to bring that up - Failure to file an appeal on time - Defendant’s file against council a lot Funds for assigned council - Private lawyers and public lawyers are paid differently - They have less resources than private prosecutors - Why not fund them better?o People find them as obstacles o Impediment to the whole system o If funded, it would seem more affective  Confessions- 5th amendment - You plead the 5th- Self incrimination - A defendant can stay