Criminal Justice - Defense Attorneys | Law

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Study GuideCriminal JusƟce–Defense AƩorneys1. Defense StrategiesIn a criminal trial,defense strategiesare the arguments and evidence a defense attorney uses toprotect their client. The goal is simple: to achieve the best possible outcome for the defendant. Thismight mean anot guilty verdict, areduced charge, or afavorable plea agreement.Every defense strategy starts with the defendant’s version of what happened. The attorney thenbuilds arguments around that story to challenge the prosecution’s case and support the client’sinnocence—or at least raise doubts about guilt.1.1 Important Factors in Building a DefenseWhen creating a defense strategy, attorneys must think carefully about several key issues.First, they evaluatehow believable the witnesses areon both sides. If a witness seems unreliable,biased, or inconsistent, their testimony may be questioned in court.Second, attorneys considercommunity attitudes. Public opinion about the crime or the defendantcan sometimes influence jurors, so lawyers need to be aware of these feelings.Third, they closely examinethe strength and type of evidencethe prosecution plans to present,such as physical evidence, eyewitness accounts, or expert testimony.There are also importantethical rulesthat defense attorneys must follow. A lawyer cannotencourage or help a client lie under oath. This means an attorney cannot knowingly allow a witness tocommit 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 tochallengethe prosecution’s case. They can cross-examine witnesses, question evidence, and point outweaknesses. This is allowed because the law requires the prosecution to prove guilt—not the defenseto prove innocence.

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Study Guide1.2 The Most Common Defense: Reasonable DoubtThe most frequently used defense is arguing that the prosecution hasnot proven guilt beyond areasonable doubt. This is a very high legal standard. If jurors have reasonable doubts about thedefendant’s guilt, they must return a verdict ofnot guilty.To create reasonable doubt, defense attorneys often focus on questioning the prosecution’switnesses and evidence. Their goal is to make jurors unsure about what really happened.1.3 Common TacƟcs Used by Defense AƩorneysDefense 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 thatevidence unreliable.•Questioning deals with witnesses:Sometimes the prosecution offers immunity or reducedcharges 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 seemsunrealistic, the defense can highlight those problems.Each of these strategies aims to raise doubt about whether the prosecution’s version of events isaccurate.1.4 The Role of Money in a DefenseMounting a strong defense often requiressignificant financial resources. Money allows the defenseto hire investigators, forensic experts, and legal specialists who can uncover weaknesses in theprosecution’s case.For example, O. J. Simpson reportedly spent about$6 million on his defense, which may havecontributed to his acquittal. While money does not guarantee success, it can provide tools that greatlyinfluence the outcome of a trial.

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Study Guide2. IneffecƟve Assistance of CounselTheSixth Amendmentto the U.S. Constitution guarantees that anyone accused of a crime has theright to an attorney. But this right is not just about having a lawyer—it is about having aneffectiveone.InStrickland v. Washington (1984), the U.S. Supreme Court made this clear. The Court ruled thatthe right to counsel means the right toeffective assistance of counsel.2.1What a Defendant Must Prove on AppealWhen someone appeals a conviction by claiming ineffective assistance of counsel, the burden ofproof is on theappellant(the person filing the appeal). This is not easy to do. The appellant mustprove 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.Theoutcome would likely have been different.The appellant must demonstrate that, without the lawyer’s errors, the result of the trial probablywould have changed.Together, these requirements form what is known as theStrickland standard. Under this rule, it is upto the appellant—not the court—to prove that the legal representation was ineffective.2.2 A Strong Dissent from JusƟce MarshallJusticeThurgood Marshallstrongly disagreed with the majority’s decision inStrickland. Marshall wasan exceptionally skilled appellate lawyer, winning29 of the 32 caseshe argued before the SupremeCourt.In his dissent, he argued that the standard of “reasonably effective assistance” istoo vague. Hepointed out how difficult—if not impossible—it is to know for sure whether a trial’s outcome wouldhave been different if the defense attorney had been competent. In his view, this uncertainty makes itunfairly hard for defendants to win ineffective assistance claims.

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Study Guide2.3 Why IneffecƟve Assistance Is a Serious ProblemIneffective assistance of counsel causes several major problems in the justice system:•Unjust convictions and wrongful executionsPoor legal representation can lead to innocent people being convicted or even sentenced todeath.•An unfair legal processWhen the defense is weak, the balance between the prosecution and defense is disrupted. Thisincreases the risk of government abuse and weakens constitutional protections.•Inequality in justiceThe failure to provide effective counsel creates a cleardivide between rich and poor defendants.Because legal services for the poor are severely underfunded, defendants with money can oftenafford better lawyers and resources. Since many people who rely on publicly funded legal servicesareracial and ethnic minorities, especiallyAfrican Americans, the harm caused by ineffectiveassistance falls disproportionately on these groups.2.4 The Cause of the Problem: Lack of ResourcesThe main reason ineffective assistance of counsel continues to exist islack of funding.Legal services for indigent (poor) defendants receive far fewer resources than prosecutors. Evenwhen defendants hire private lawyers, the prosecution usually has much more financial support.In addition, prosecutors benefit from the work oflaw enforcement agencies, which conductinvestigations on their behalf. Defense attorneys often do not have access to comparableinvestigative help.Research shows thatmoney matters in trials. Funding allows lawyers to hire investigators, expertwitnesses, and support staff—resources that can significantly influence jury verdicts.

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