POSC 130g 1st Edition Lecture 4Current LectureCalvin Burdine: accused of murdering his roommate. Body was found in a trailer, died from stabbed wounds in his back. Burdine denied that he had participated in the murder. He appealed this case but the appeal was overturned because his lawyer was sleeping much of the trial. Hence the case is called the sleeping lawyer because Burdine could only have a new trial if he could prove that his lawyer was sleeping and the sleeping influenced the trial. The error wasn’t enough to prove that. It went to the Texas Criminal Court Appeals and the US Supreme Court eventually reversed and agreed to plead guilty to assault and got a life sentence.It wasn’t enough to show that the lawyer wasn’t doing a good job; didn’t affect the outcome of the case.Siripongs vs CalidiconFrom Thailand, involved in a grocery store robbery, two of the clerks at the grocery store were killedAdmitted he was present when the two men were killed, but he wasn’t the one who pulled the trigger. He wouldn’t say who his accomplice was. The court didn’t think he was credible becausehe didn’t give any other information.In a criminal case, there is the guilt phase and the sentencing phase. Contention was that the lawyer didn’t do a good job because he didn’t present evidence during the sentencing phase to mitigate evidence. His job was to lessen the sentence with producing evidenceWouldn’t be a snitch and tell who his accomplish was: there was an anthropologist, Professor Herbert Philips, was prepared to give evidence about Thai values and Siripongs didn’t snitch. It wouldn’t solve anything because it would bring others into shame and wouldn’t bring back the people who were killed. The lawyer in the sentencing phase didn’t present evidence to explain from a cultural perspective.Another argument: The lawyers didn’t explain why the man didn’t show any emotion during thetrial. The jury wants to see remorse and be emotional and say they are sorry. There was no explanation that in certain cultures, children are brought up to show no emotion no matter what is going on. Another aspects: he was brought up in a brothel, his mother ran around quite a bit, was victimized as a child- all could have been brought up to save this caseThe attorney never went to Thailand to visit and interview people, the mother was never called on to testify on the son’s behalf, and the attorney had never had a murder case before. Theattorney was also running for Congress and didn’t have much time to prepare for the trial. The attorney didn’t pursue his client’s interests enough. Judges acknowledged that these were mistakes but say it didn’t meet the standards of interfering with the case.The court in the Appellate didn’t side with his arguments because he seemed Americanized and if his own life is on the line, he shouldn’t name accomplish. The courts didn’t understand the difference in culture. The lawyer was almost incompetent but the court did not find that the lawyers defense failed tomeet the requirementsThere were many attempts to try to spare his life, counseled other inmates in San Quitan, sold art to help pay for defense, the warden of San Quitan pleaded for his life. Even some of the relatives of the victims pleaded for him not to be killed. There was attempt to ask for clemency by the governor; denied because he was a republican, then another governor also rejected him who was a democrat. He was later executed. There wasn’t a question whether he should be held responsible for murder, it was talking about the sentence of whether he should receive the death penalty.ElegicationLawyers perform how they are because of what they learned in law schoolMany people who assume that one has to get a law degree to practice lawEarly in US History, lawyers who have internships to practice lawLaw schools are central to the legal system in American societyRelationship between law school and legal profession describe how legal system worksIn the 1850s, the legal education system was on its way being set up, most familiar way was through apprenticeship. Early in the beginning, to be a good lawyer, one had to have good clinical training or to be trained in analysis.Around the time of the American Revolution, the American BAR was modeled after the British system. Baristers: argue cases in court, Solicitiers: argue things outside of court like contracts and other matters. Apprenticeship system : American system and British system but American system didn’t have stratified jobs like the British systemApprenticeship faded out in the end of the 19th century. By 1860, only 9 out of 39 lawyers did anapprenticeship. This went to institutionalized law school as apprenticeshipGeorge White, at William and Mary, was the first person/position of a law professor in 1759.The teaching of the professor followed William Blackstone, at Oxford University, was a professor. The first chair of the US was supposed to be emulating the model of Blackstone. Set up a lot of models mostly in the SouthThe first law school was Lynchfield Law School in Connecticut, it was a very important school in its day. Graduates of this law school went onto very high power positions. By the time the law school closed in 1833, it had produced a thousand students in which there were two vice presidents, three US supreme court justices, 34 judges of state supreme courts, 6 cabinet members, 2 ministers of foreign countries, 101 members of House of Representations, etc. Conveyed message to the public that if want to go to politics, must go to law school. Don’t know too much what was taught, but claims that law was taught as a science not a business or trade.The university of Maryland set one up, Princeton University used to have a law school in 1846- closed in 1852 after producing 6 graduates, Harvard had more success.Harvard Model: created a model that was followed by other law schools with out much differentiation or variation. Law school was established in 1817. While these trade law schools were being set up, there was a trade of teaching law as liberal arts in the University of Virginia. It should be part of the curriculum as it was important for undergraduates. Begin to have law schools being set up at the end of the 19th century, in 1860 there were 21 law schools. The creation of the law schools eventually followed the Harvard model as part of educating other fields. Still in the late 19th century, the