Aim: What is the role of the Defense Attorney?

Vocabulary Defense Attorney: The lawyer who represents an accused offender and a convicted offender. Defense Attorney: The lawyer who represents an accused offender and a convicted offender. Indigents: Defendants who are too Poor to afford their own lawyers. The government pays for their defense attorneys. Indigents: Defendants who are too Poor to afford their own lawyers. The government pays for their defense attorneys. Assigned Counsel: An attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government. Assigned Counsel: An attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government.

Vocabulary Contract Counsel: An attorney in private practice who contracts with the government to represent indigents for a specified dollar amount to be paid by the government. Contract Counsel: An attorney in private practice who contracts with the government to represent indigents for a specified dollar amount to be paid by the government. Public Defender: An attorney employed on a full time and salaried basis paid by the government and/or non profit organizations to represent indigents. Public Defender: An attorney employed on a full time and salaried basis paid by the government and/or non profit organizations to represent indigents.

Role of a Defense Attorney Mount a defense for their clients Mount a defense for their clients Protect the rights of their clients Protect the rights of their clients Prepare clients and their families for a guilty plea and/or guilty verdict Prepare clients and their families for a guilty plea and/or guilty verdict Mount appeals in the case of conviction Mount appeals in the case of conviction Meet with client, judges, police, witnesses, prosecutor, and others if necessary Meet with client, judges, police, witnesses, prosecutor, and others if necessary

US Supreme Court Cases- Defendant Right to Attorney Powell v Alabama Indigents facing the death penalty who are not capable of representing themselves must be given attorneys. Powell v Alabama Indigents facing the death penalty who are not capable of representing themselves must be given attorneys. Johnson v Zerbst Indigent defendants must be provided with attorneys when facing felonies in Federal Court. Johnson v Zerbst Indigent defendants must be provided with attorneys when facing felonies in Federal Court.

Gideon v Wainwright Indigent defendants must be provided with attorneys when facing felonies in State Court. Gideon v Wainwright Indigent defendants must be provided with attorneys when facing felonies in State Court. Douglas v California Indigent defendants must be provided with attorneys for their first appeal. Douglas v California Indigent defendants must be provided with attorneys for their first appeal.

Miranda v Arizona Criminal suspects must be informed of their Constitutional Rights before being questioned by the Police. “You have the right to…” Miranda v Arizona Criminal suspects must be informed of their Constitutional Rights before being questioned by the Police. “You have the right to…” United States v Wade Defendants are entitled to counsel at “Critical Stages" in the process including Police Line-Ups. United States v Wade Defendants are entitled to counsel at “Critical Stages" in the process including Police Line-Ups.

Argersinger v Hamlin Indigent defendants must be provided with attorneys when facing misdemeanors and petty charges that may result in jail. Argersinger v Hamlin Indigent defendants must be provided with attorneys when facing misdemeanors and petty charges that may result in jail. Strickland v Washington In order to base an appeal on having a bad lawyer, the defendant must show that the attorney committed specific errors that affected the outcome of the case. Strickland v Washington In order to base an appeal on having a bad lawyer, the defendant must show that the attorney committed specific errors that affected the outcome of the case.

Conclusion Defense attorney have a very tough job because they usually end of defending people who are GUILTY. Yet, their job requires them to protect the rights of their clients and defend their clients against criminal charges without exception. All accused person have the right to a defense.