a defense attorney who knew of the location of the murder weapon

What case did the Supreme Court rule that a defense attorney is required to be a lawyer?

What is the legal tool used to confiscate property and money associated with organized criminal activity?

What happens if a defense attorney is not sure that the client would be committing perjury?

What happens if a public defender is not available?

Which court has upheld federal sentencing guidelines?

Who matches fingerprints to defendant?

Who decides whether to recuse himself or herself?

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CRJU Ch. 9 Flashcards | Quizlet

Study with Quizlet and memorize flashcards containing terms like In a pro se defense: a.) the defendant defends him/herself b.) the defendant is represented by one attorney only c.) the defendant is provided an attorney free of charge d.) the defendant is not able to stand trial, The vast majority of cases in the criminal justice system are settled by: a.) a hung jury b.) a judge c.) a plea ...

CJ 490 Final ch 8-9 Flashcards | Quizlet

Study with Quizlet and memorize flashcards containing terms like The belief that murder is inherently wrong is an example of: a. natural law. b. positivist law. c. formal law. d. Good Samaritan law., . Good Samaritan laws in the United States. a. apply to all citizens b. prohibit passing by an accident scene without rendering assistance c. are the same in Europe as d. protect medical ...

What is required to turn in a murder weapon?

A defense attorney that knew of the location of the murder weapon that his client used is required to turn that weapon in as part of discovery.

Who matches fingerprints to defendant?

The crime lab examiner who matched the fingerprints to the defendant is an important witness. The fingerprints represent a significant part of your case. According to the "Daubert standard," you will be required to:

What is a shadow jury?

A shadow jury is a: panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney. The protection that prevents authorities from compelling an attorney to disclose confidential information regarding his or her client is called: attorney-client privilege.

When should a prosecutor file charges?

According to the Model Rules, a prosecutor should seek or file charges only if he or she reasonably believes charges are supported by probable cause and:​

Can a lawyer communicate with opposing attorneys?

The lawyer may not directly communicate with opposing attorneys

Do you have to provide an inconclusive report to the defense?

According to the Brady rule, you are required to provide the inconclusive report to the defense.

Why would the lawyers assist Bennette in moving or disposing the body?

Well, had the lawyers assisted Bennette in moving or disposing the body, that would be unlawful, because they (the lawyers) would be hindering the government above and beyond what the defendant himself did.

Why is it important to have a criminal defense lawyer?

It's important that criminal defense lawyers provide zealous advocacy, because we punish those convicted of serious felonies quite harshly. To be sure, I don't mean to suggest that the harsh sentences are never justified. I do mean to say that, given how harsh prison can be, we as a society should be as reasonably sure as we can that we are punishing the right people. Mistakes may be inevitable, but if, at the end of the day, a convicted defendant was ably represented by lawyers whose onlyfocus was defending their client, we can feel better that we minimized the chances of wrongly convicting someone.

David Alexander Russomanno

It is defense counsel's duty and job to investigate every aspect of the case. The more he or she knows about the case, the more adept he or she will be better able to service and advise the client and fight the charges.

Timothy Bryan Liebaert

I agree very much with what Scott Vallens, Esq., has said about this question. I am an attorney and a licensed private investigator. For a homicide case, it is crucial that the handling attorney use a PI for every aspect of the evidence to be developed for the case.

Jeffrey Scott Vallens

Any veteran criminal defense attorney knows that investigation in a criminal case should come through a licensed private investigator. The reason for this is simple. An investigator could be called to tesify if needed. A defense attorney cannot.

David Michael Boertje

A lawyer would be entitled to all discovery on the case, including police reports, witness statements, forensic evidence, test results, and any evidence the prosection has in its possession regarding the case. Additionally a lawyer can have his own investigators conducting investigation to locate evidence, witnesses, etc.

Barry Franklin Poulson

Attorneys gather information. Typical methods include discovery, as you have noted, plus FOIA (Freedom of Informatiion Requests) and (depending on the case) independant analysis of lab results, psych reports, etc. Research of the law, including statutes, jury instructions, and case law.

Why is a murder weapon important?

The murder weapon is helpful to the prosecution because it is extremely powerful evidence against the suspect. In addition to the weapon producing potential DNA or fingerprint evidence, it also potentially can sometimes produce an actual record of the suspect purchasing the weapon.

What does forensic testimony mean in a murder case?

In a murder prosecution, for example, a forensic expert could testify that a victims wounds indicate that the killer was left handed and so this testimony could inculpate a defendant who was left handed or exculpate a defendant who was right handed.

What is the strongest piece of evidence against a defendant?

Confessions and Admissions. One of the strongest pieces of evidence against a defendant is his or her own words made to police or other witnesses following a crime; remember that this is admissible hearsay evidence.

What is an exculpatory witness?

These statements can also be exculpatory but where they are inculpatory, the witness will state that they saw the defendant at the scene of the crime or heard his/her voice during the commission of the criminal offense.

Is it necessary for a district attorney to prove a person guilty?

While this evidentiary standard is high, it is not necessary for the prosecution to prove a person guilty to some degree of mathematical certainty.

Is a murder weapon a physical evidence?

In a homicide case, a murder weapon is an example of physical evidence but so is DNA and fingerprints! Police and forensic scientists can all use these items to draw a connection between the illegal activity and the suspect. For example, in a murder prosecution, physical evidence would include the weapon, DNA evidence, and fingerprints, ...

What is the defense against murder?

If you were mistakenly identified as the perpetrator of a murder by law enforcement, you may have a valid defense against murder charges if you have an alibi. “Alibi” is a defense you may use if you can prove you were elsewhere at the time the alleged offense was committed. Forensic evidence, such as DNA, fingerprints and other physical evidence may be used to establish an alibi, as well as the testimony from witnesses who can say that you were somewhere else at the time of the death of the alleged victim to the murder.

When deciding whether your beliefs were reasonable, the judge or jury will consider all of the circumstances as they were known to?

When deciding whether your beliefs were “reasonable,” the judge or jury will consider all of the circumstances as they were known to you and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant’s beliefs were reasonable, the danger does not need to have actually existed. Only a fear of imminent danger is required.

What is a factual impossibility defense?

If the circumstances of the case make an intended crime impossible to complete , the crime is considered “factually impossible” and you may have a valid defense. For example, you cannot murder a person who is already dead. That is a factual impossibility. If applicable, an experienced criminal defense lawyer may raise the factual impossibility defense which could prompt the prosecution to reduce charges from murder to attempted murder.

What is a non-peace officer?

A non-peace officer (a citizen) who kills another person while lawfully trying to suppress a riot or preserve the peace has a valid defense against homicide charges. You must prove two elements to utilize this defense:

What evidence is used to establish an alibi?

Forensic evidence, such as DNA, fingerprints and other physical evidence may be used to establish an alibi, as well as the testimony from witnesses who can say that you were somewhere else at the time of the death of the alleged victim to the murder.

Can you be charged with accidental murder in the heat of passion?

If your criminal defense lawyer is successful at presenting a defense of accidental killing in the heat of passion, your charges could be reduced to voluntary manslaughter and you could face much less time in custody compared to a felony conviction for murder as a result.

Can you be found guilty of murder?

If none of the three elements listed above can be proven, you cannot be found guilty of committing murder. The murder charge against you could be reduced to voluntary or involuntary manslaughter or dismissed altogether. However, if you acted recklessly, murder charges may nonetheless stand even if the killing was accidental.

What happens if a lawyer turns over special criminal evidence?

It appears to be the general rule that, before turning over Special Criminal Evidence to law enforcement authorities, a lawyer may be allowed to examine the evidence and subject it to tests that do not alter or destroy material characteristics of the evidence. Restatement (Third) of the Law Governing Lawyers § 119 (2000). It also appears to be the general rule that if a lawyer turns over Special Criminal Evidence acquired from a client, the trial court should not allow the jury to learn the source of the evidence. See Rubin v. State, 602 A.2d at 688 (collecting cases); see also Henderson v. State, 962 S.W.2d 544, 556 (Tex. Crim. App. 1997) (holding that trial court properly compelled lawyer to turn over maps received from client when kidnapping victim was possibly still alive, but noting that neither the client’s communications to the attorney nor the attorney’s communications to law enforcement could be admitted at trial); Sanford v. State, 21 S.W.3d 337, 344 (Tex. App.—El Paso 2000, no pet.), abrogated on other grounds by Motilla v. State, 78 S.W.3d 352 (Tex. Crim. App. 2002) (“ [b]y allowing the State to recover the evidence, the public interest is served, and by refusing the State an opportunity to disclose the source of the evidence, the attorney-client privilege is preserved”). At least one jurisdiction has endorsed a procedure designed to avoid disclosing the source of the evidence to the prosecution. See District of Columbia Rules of Professional Conduct, Rule 3.4, Comment 5 (D.C. Office of Bar Counsel may accept evidence and turn it over to proper authorities without revealing its source, thereby preserving the defense lawyer’s obligation of confidentiality).

Who has the obligation to turn over evidence?

Most United States courts that have considered the issue have held that a lawyer who comes into possession of Special Criminal Evidence—however defined in that jurisdiction—has a self-executing obligation to turn over the evidence to police or other law enforcement authorities. See Rubin v.

Can a lawyer take possession of evidence?

A lawyer who elects to take possession of tangible evidence from a client in a criminal matter may not conceal that evidence from a prosecuti ng attorney or obstruct access to that evidence if doing so would be “unlawful.” A lawyer’s conduct with regard to potentially relevant evidence is unlawful if it is prohibited by statute, court order, or Mandatory Disclosure Obligation, as defined above. In general, however, a Texas lawyer is not required to disclose ordinary tangible evidence in a criminal matter in the absence of a court order or agreement.

Does a lawyer who represents a defendant in a criminal matter violate the Texas Disciplinary Rules of?

Does a lawyer who represents a defendant in a criminal matter violate the Texas Disciplinary Rules of Professional Conduct if, after receiving tangible evidence from the lawyer’s client, the lawyer does not reveal the existence of the evidence until trial and refuses to allow the prosecuting attorney to inspect the evidence until the court orders the lawyer to do so?

Does Texas have a self-executing obligation to turn over evidence?

At present, the scope of a lawyer’s self-executing obligation to turn over Special Criminal Evidence has not been well-defined in reported Texas law. E.g., Sanford v. State, 21 S.W.3d at 344, n. 6 (declining to decide question of whether attorney had an obligation to reveal to law enforcement the location of an instrumentality of the crime, which the lawyer had learned from client); Henderson v. State, 962 S.W.2d at 556 (referring to “cases in other states that require an attorney to release physical evidence in his possession to the authorities but prevent the government from disclosing to a trier of fact that the evidence came from the defendant’s attorney”). For purposes of this opinion it is sufficient to note that a Texas court might recognize a self-executing obligation to produce Special Criminal Evidence. If so, a violation of that obligation would be “unlawful” for purposes of Rule 3.04.

Is it unlawful for an attorney to withhold evidence?

Finally, a lawyer acts “unlawfully” for purposes of Rule 3.04 (a) if the lawyer knowingly fails to provide evidence when disclosure is mandated by the rules of the tribunal, a subpoena, a discovery obligation, a cooperation agreement, or the like (hereafter, a “Mandatory Disclosure Obligation”). It is not unlawful, however, for an attorney to withhold ordinary tangible evidence pending a ruling on a good faith, legally available objection, motion for protection, or other procedurally legitimate challenge to a Mandatory Disclosure Obligation.

Does the lawyer reveal the existence of the letters?

The lawyer does not reveal the existence of the letters until trial. The prosecuting attorney informally asks to inspect the letters, but the lawyer refuses. The lawyer continues to refuse to allow inspection of the letters until ordered to do so by the court after a hearing.

What case did the Supreme Court rule that a defense attorney is required to be a lawyer?

In Nix v. Whiteside, the Supreme Court ruled that a defense attorney.

What is the legal tool used to confiscate property and money associated with organized criminal activity?

A legal tool used to confiscate property and money associated with organized criminal activity is called: asset forfeiture. You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial.

What happens if a defense attorney is not sure that the client would be committing perjury?

If a defense attorney is not sure that the client would be committing perjury, there is no legal duty to disclose his concerns.

What happens if a public defender is not available?

If a public defender is not available, the judge can appoint a local private attorney to represent the defendant.

Which court has upheld federal sentencing guidelines?

Federal sentencing guidelines have generally been upheld by the Supreme Court.

Who matches fingerprints to defendant?

The crime lab examiner who matched the fingerprints to the defendant is an important witness. The fingerprints represent a significant part of your case. According to the "Daubert standard," you will be required to

Who decides whether to recuse himself or herself?

It is up to the judge to decide whether to recuse himself or herself.