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Criminal Justice - Defense Attorneys

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    Study Guide Criminal Jus Ɵ ce – Defense A Ʃ orneys 1. Defense Strategies In a criminal trial, defense strategies are the arguments and evidence a defense attorney uses to protect their client. The goal is simple: to achieve the best possible outcome for the defendant. This might mean a not guilty verdict , a reduced charge , or a favorable plea agreement . Every defense strategy starts with the defendant’s version of what happened. The attorney then builds arguments around that story to challenge the prosecution’s case and support the client’s innocence — or at least raise doubts about guilt. 1.1 Important Factors in Building a Defense When creating a defense strategy, attorneys must think carefully about several key issues. First, they evaluate how believable the witnesses are on both sides. If a witness seems unreliable, biased, or inconsistent, their testimony may be questioned in court. Second, attorneys consider community attitudes . Public opinion about the crime or the defendant can sometimes influence jurors, so lawyers need to be aware of these feelings. Third, they closely examine the strength and type of evidence the prosecution plans to present, such as physical evidence, eyewitness accounts, or expert testimony. There are also important ethical rules that defense attorneys must follow. A lawyer cannot encourage or help a client lie under oath. This means an attorney cannot knowingly allow a witness to commit perjury or call a witness they know will lie on the stand. Even if a defense attorney believes their client is guilty, they still have an ethical duty to challenge the prosecution’s case . They can cross - examine witnesses, question evidence, and point out weaknesses. This is allowed because the law requires the prosecution to prove guilt — not the defense to prove innocence.

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    Study Guide 1.2 The Most Common Defense: Reasonable Doubt The most frequently used defense is arguing that the prosecution has not proven guilt beyond a reasonable doubt . This is a very high legal standard. If jurors have reasonable doubts about the defendant’s guilt, they must return a verdict of not guilty . To create reasonable doubt, defense attorneys often focus on questioning the prosecution’s witnesses and evidence. Their goal is to make jurors unsure about what really happened. 1.3 Common Tac Ɵ cs Used by Defense A Ʃ orneys Defense lawyers may use several tactics to weaken the prosecution’s case: • Showing witness bias: A witness may have a personal reason to lie, such as anger, revenge, or personal gain. • Pointing out police errors: Mistakes in collecting, storing, or testing evidence can make that evidence unreliable. • Questioning deals with witnesses: Sometimes the prosecution offers immunity or reduced charges to a witness in exchange for testimony, which may affect the witness’s honesty. • Challenging logic and common sense: If a witness’s story does not make sense or seems unrealistic, the defense can highlight those problems. Each of these strategies aims to raise doubt about whether the prosecution’s version of events is accurate. 1.4 The Role of Money in a Defense Mounting a strong defense often requires significant financial resources . Money allows the defense to hire investigators, forensic experts, and legal specialists who can uncover weaknesses in the prosecution’s case. For example, O. J. Simpson reportedly spent about $6 million on his defense , which may have contributed to his acquittal. While money does not guarantee success, it can provide tools that greatly influence the outcome of a trial.

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    Study Guide 2. Ine ff ec Ɵ ve Assistance of Counsel The Sixth Amendment to the U.S. Constitution guarantees that anyone accused of a crime has the right to an attorney. But this right is not just about having a lawyer — it is about having an effective one. In Strickland v. Washington (1984) , the U.S. Supreme Court made this clear. The Court ruled that the right to counsel means the right to effective assistance of counsel . 2.1 What a Defendant Must Prove on Appeal When someone appeals a conviction by claiming ineffective assistance of counsel, the burden of proof is on the appellant (the person filing the appeal). This is not easy to do. The appellant must prove three things: 1. The lawyer’s performance was deficient. This means the attorney did not perform at a reasonable professional level. 2. The poor performance harmed the case. The appellant must show that the lawyer’s mistakes actually hurt the defense. 3. The outcome would likely have been different. The appellant must demonstrate that, without the lawyer’s errors, the result of the trial probably would have changed. Together, these requirements form what is known as the Strickland standard . Under this rule, it is up to the appellant — not the court — to prove that the legal representation was ineffective. 2.2 A Strong Dissent from Jus Ɵ ce Marshall Justice Thurgood Marshall strongly disagreed with the majority’s decision in Strickland . Marshall was an exceptionally skilled appellate lawyer, winning 29 of the 32 cases he argued before the Supreme Court. In his dissent, he argued that the standard of “reasonably effective assistance” is too vague . He pointed out how difficult — if not impossible — it is to know for sure whether a trial’s outcome would have been different if the defense attorney had been competent. In his view, this uncertainty makes it unfairly hard for defendants to win ineffective a ssistance claims.

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    Study Guide 2.3 Why Ine ff ec Ɵ ve Assistance Is a Serious Problem Ineffective assistance of counsel causes several major problems in the justice system: • Unjust convictions and wrongful executions Poor legal representation can lead to innocent people being convicted or even sentenced to death. • An unfair legal process When the defense is weak, the balance between the prosecution and defense is disrupted. This increases the risk of government abuse and weakens constitutional protections. • Inequality in justice The failure to provide effective counsel creates a clear divide between rich and poor defendants. Because legal services for the poor are severely underfunded, defendants with money can often afford better lawyers and resources. Since many people who rely on publicly funded legal services are racial and ethnic minorities , especially African Americans , the harm caused by ineffective assistance falls disproportionately on these groups. 2.4 The Cause of the Problem: Lack of Resources The main reason ineffective assistance of counsel continues to exist is lack of funding . Legal services for indigent (poor) defendants receive far fewer resources than prosecutors. Even when defendants hire private lawyers, the prosecution usually has much more financial support. In addition, prosecutors benefit from the work of law enforcement agencies , which conduct investigations on their behalf. Defense attorneys often do not have access to comparable investigative help. Research shows that money matters in trials . Funding allows lawyers to hire investigators, expert witnesses, and support staff — resources that can significantly influence jury verdicts.

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