CRJU 203 1st Edition Exam # 3 Study Guide Lectures: 8-11Lecture 8Right to council -Scottsboro case (Powell v. Alabama) -Gideon v. Waynewright- 6th amendment o Only applies to criminal prosecution o If the gov’t is trying to put in prison, you have the right to a lawyer Misdemeanor Cases o Do not have the right to appointed council if the defendant will not be sentenced to imprisonment o Some cases, you can face 2-3 years and it’s a misdemeanor Lecture 9At what time does one have the right to council? o Pre-trial o If it is a pre-trial preceding and in the preceding there is some factual determination will be made that will make a difference in the case, it is a critical state o A fact must be determined that could affect the outcome of the case  If no fact is determined then it isn’t a critical state in the trial o At an arraignment (1st appearance) and there is a fact that is determined that willaffect the outcome, then you have the right to a lawyer o Preliminary hearing: it is a critical stage in the prosecution o Plea bargaining: definitely a critical condition o Police investigation: not a critical stage and no attorney is requiredo Custodial interrogation: in custody and being interrogated o During a line up o A live line up?  When the witness picks who committed the crime  If you have not been indicted then you don’t have the right but if you have been, then you have the right to have a lawyer there o What about a photo line-up?  Barely ever do a live line up now- mainly a photo line up  Not a critical stage in the case, you do not have a right to have a lawyer there o Post-conviction  Juvenile adjudication hearing  Appeal o Right to council is limited o Only lawyers can represent people o Except if you go forward representing yourself o A defendant cannot choose their appointed council  Sometimes attorneys appointed to a defendant don’t get along- they cannot say they were not given a lawyer o Don’t get to pick who you get o Going forward pro-se o You have the right to represent yourself o The right to defend is given to the accused o When they decide to go pro-se, you have to ask the court and they have to see if the defendant has some ability to represent themselves o Courts don’t like that defendants represent themselves Lecture 10 Attorney is deficient when (ineffective assistance of council)  When the attorney appointed does 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 when/if:  Council’s performance hurt the defendant’s case o Post conviction relief hearing  When evidence is seized illegally o The client’s rights are violated and council must bring that up o If the defense doesn’t, it is considered deficient) When the prosecution makes the defendant look bad in front of the jury o The defense has a duty to show how the client got to this point Failure to file an appeal on time 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 They are seen as obstacles in the justice system o Impediment to the whole system o If funded, they would be more affective Confessions  5th amendment- self incrimination o you can plead the 5th A defendant can stay silent during an investigation  Prosecution can not even comment on the silence of the defendant  Generally if you know something about a criminal case you have an obligation to testify and help the state prosecute the crime  Privileges to providing information to law enforcement: o Religious privilege o Medical privilege o Legal privilege o Marital privilege o Self-incrimination Miranda v. Arizona Lecture 11 How do you know when someone voluntarily waived his or her rights? o When law enforcement starts asking questions and the suspect is merely silent, that is not waiving their rights o One must acknowledge that they know their rights and that they are waiving them o If the suspect has acknowledged that they are remaining silent the interrogation must end How is someone in custody?o If the suspect is deprived of his or her freedom (or his or her action in any significant way) than he very well may be in custody o If someone is in prison o Police station o Traffic stopo Field sobriety test o Arrested What is interrogation? o Any question pertaining to the case is an interrogation o Any words or actions reasonably likely to self incriminate yourself o What if law enforcement lies to make you confess or give them something?o Law enforcement can lie to make the suspect fess up o They can law about the facts of the case o Not the law o The goal of interrogation is to make the suspect confess o Undercover policing? Sometimes when someone is in jail, they can send an undercover cop to get that person to talk about what they didIdentifications o Pre-trial and trial identifications o Alive-in-person line up o Photo line-up o Show up Indicia of reliability o There needs to be some other fact that the victim picking one guy out of the 10 is reliable o They need to know specifically as to why Trial identification o Another opportunity for the victim to see the suspect since the incident o Pre- trial procedures will taint the during trial