Defense Attorney's Question and Answers

Question 1

Which indigent defense program employs lawyers whose main responsibility it is to represent indigent defendants?

Accepted Answer

Public defender programs

Answer

Public defender programs are a cornerstone of the indigent defense system, designed to ensure that all defendants, regardless of their financial means, have access to legal representation. These programs employ full-time staff attorneys whose primary responsibility is to represent indigent defendants in criminal cases. This model provides dedicated legal counsel, often with specialized expertise in criminal defense, to uphold the constitutional right to counsel.

Question 2

According to the assigned counsel system, a coordinator selects the lawyer for each case.

Accepted Answer

Coordinator model/program

Answer

The coordinator model/program is a specific type of assigned counsel system used for indigent defense. In this model, a designated administrator or coordinator is responsible for managing a roster of private attorneys and assigning them to individual cases. This system aims to ensure a more equitable distribution of cases and potentially better oversight compared to ad hoc systems where judges directly appoint counsel.

Question 3

So long as they are competent, a defendant has the right to represent themselves in court. This is known as

Accepted Answer

Pro se

Answer

The right for a defendant to represent themselves in court, provided they are deemed competent to do so, is known as appearing 'pro se.' This right is enshrined in the Sixth Amendment of the U.S. Constitution, as affirmed by the Supreme Court in Faretta v. California. While defendants have the right to self-representation, courts often advise against it due to the complexities of legal proceedings.

Question 4

Questioning a witness that the prosecution has brought for testimony is known as

Accepted Answer

Cross examination

Answer

In a legal trial, when one party (e.g., the prosecution) calls a witness to testify, the opposing party (e.g., the defense) has the right to question that witness afterward. This process is known as cross-examination. Its purpose is to test the witness's credibility, challenge their testimony, or elicit additional information that may be favorable to the cross-examining party.

Question 5

SCOTUS determined that it is acceptable for a defense attorney to violate confidentially under the law.

Accepted Answer

If the attorney knows defendant is going to give false testimony

Answer

The Supreme Court (SCOTUS) has addressed the ethical dilemma faced by defense attorneys when a client intends to commit perjury. In Nix v. Whiteside, the Court held that an attorney's duty to prevent false testimony and uphold the integrity of the judicial process outweighs the duty of client confidentiality. Therefore, it is acceptable for an attorney to take steps to prevent a client from testifying falsely, even if it means disclosing the client's intent to the court.

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Defense Attorney's Question and Answers