CJUS P300 1st Edition Lecture 12 Outline of Last Lecture N/A – Midterm taken last class Outline of Current Lecture 1. Felony Scenario2. Confidentially 3. Requesting Discovery4. Defense Lawyer and Discovery5. Dismissing CasesCurrent Lecture1. Felony Scenarioa. Majority of class said they would hire a lawyerb. What do you want that lawyer to do?i. Get the charges droppedc. Most lawyers won’t ask you if you actually committed the crimei. Their job is to represent you2. Confidentiality a. The most important thing you want from your attorney is confidentiality i. Mandated ethically to not share with anyone else what you’ve told themii. They are there to represent you and your interests iii. That relationship has to be based on trust, it is a fiduciary dutyb. Attorney client privilege i. That privilege belongs to the client ii. It is a highly protected privilege and remains throughout the case and when the case is closediii. Conflict of interest1. Divorce Lawyer Exampleiv. Exceptions to breaking confidentiality1. A situation which will cause serious bodily harm or death to an individual you are obligated to report that to the authorities and 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.you are immune from being sued or having an ethical complaint filed against you for breaching confidentiality a. Child abduction example2. If you get sued by your client, where you become the target, then you can take the stand and say things that would otherwise be considered confidential c. Other Privilegesi. Doctor/patientii. Therapist/patientiii. Clergy/parishioner iv. Husband/wife 1. Depends on who made statement, when it was made, and where it was reported 2. Also depends on who else heard it (if at all)3. You can’t be forced but you can go say it yourself if you want to d. Child Abduction Examplei. You can do nothing as the lawyer because he has been charged with child abduction not murder e. Child Molesting Examplei. He had sex with a 4 year old boy and fondled a 6 yr old girl ii. He’s the babysitter of your friends, what do you do?1. Fake sickness2. Say you have something important to do 3. You can say something to your client you just can’t convey any information to a third party 3. Requesting Discoverya. Discovery is everything that the prosecution has that they are going to use to prosecute your clienti. It is an ongoing process ii. It begins at the beginning of the case and ends only when the case is overiii. Prosecutor HAS to give the defense lawyer the evidence, especially including exculpatory evidenceb. Work product of the prosecutor, any notes that the prosecutor has made themselves (i.e. interviewing witnesses)i. They are not discoverable ii. You are not obligated to give them to the defense lawyer c. Evidence is given to prosecutori. A defense lawyer can’t ask for evidence from police labii. Prosecutor gives it to the defense d. Depositions i. Statements that one side in a litigation or the other takes of witnesses ii. They are called discovery depositionsiii. They are statements under oath. Recorded and transcribed. 1. Can be used to impeach them within a trial if they say something different iv. Either side can use them v. Defense lawyers take them frequently 1. Prosecutors take them sometimesvi. Part of the discovery process 4. Defense Lawyer and Discoverya. If you’re going to call witnesses or experts or evidence, you have to tell the prosecutori. Only applies to things that you plan on introducing within the trialb. In a criminal case, the defendant cannot be deposed because the defendant has an absolute right to not testify against themselves c. Do not have to tell Prosecutor if the defendant is going to testify or not i. The only person who can make a decision to testify or not testify is the defendant d. The defense is also entitled to work product that are not discoverable by anybody e. Ashton offensesi. Crimes of dishonesty ii. If you take the stand then the prosecutor can bring them up because they’re crimes of dishonesty meaning you might be less than truthful when you’re on the standiii. However if you’re a child molester and have been convicted before that can’t be brought up by the prosecutor unless you open the door for it on the stand5. Dismissing Casesa. Judge can dismiss a case if a prosecutor doesn’t comply with discovery b. A case can be dismissed by the prosecutor with prejudice or withouti. Without prejudice means a prosecutor can refile it again in the future1. Lost a witness2. Not enough evidence3. Statute of limitations about to be up a. When you refile case you only have original amount of time left, not full yearii. Prosecutor can’t dismiss a case to avoid an adverse ruling by the courtiii. Case dismissed with prejudice means defendant can go free 1. Criminal Rule 42. Defendant pleading guilty to some pleas but not others means theother pleas will be dismissed with prejudice iv. If a criminal has been in jail for six months before trial and has not been able to make bond or filed anything they must be let out of