CRIM 211 Lecture Notes - Lecture 7: Client Confidentiality, Sixth Amendment To The United States Constitution, Affirmative Defense
20 Feb 2017
School
Department
Course
Professor
Document Summary
Like in the federal system the chief fpd (federal public defender) is appointed, but appointed by the circuit court of appeals where the office is situated. More of an administrative position with the deputy. Scotus decided that if you are indignant (cannot afford a lawyer) and committed a felony you qualify for free counsel. Over the years it has been extended to anyone facing the possibility of 6 months or more of incarceration. Essential to fair trial and incorporated into the. Argersinger v. hamlin clarified which indignant defendants charged with misdemeanors were entitled to court-appointed counsel. Intelligent waiver, no one may be imprisoned for any offense unless he was represented by counsel at trial. Ha(cid:448)e a(cid:374) ethi(cid:272)al duty to zealously represe(cid:374)t their (cid:272)lie(cid:374)t"s i(cid:374)terests within the bounds of the la(cid:449). A(cid:271)ide (cid:271)y (cid:272)lie(cid:374)t"s de(cid:272)isio(cid:374) (cid:272)o(cid:374)(cid:272)er(cid:374)i(cid:374)g the o(cid:271)je(cid:272)ti(cid:448)es of representation. Keeping the client reasonably informed about the status of the case. Maintaining client confidentiality and avoiding conflict of interest.
