the state was under no obligation to provide a criminal with an attorney until the passing of what

What is the prosecutor's responsibility if the Attorney-General does not act?

DIGEST: 1. An attorney remains the attorney of record until the substitution of counsel form is filed or the tribunal before whom the matter is pending has otherwise permitted counsel to withdraw, and therefore, has the same duties to act competently to protect the client from prejudice as the attorney did before discharge. 2. When a matter is ...

Should criminal law administration be the exclusive responsibility of the state?

Jan 22, 2020 · Deputy Attorney General. SUBJECT: Guidance for Prosecutors Regarding Criminal Discovery. The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. § 3500 (the Jencks Act), Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

What is a general statute of criminal law?

THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2020-202 ISSUES: May a lawyer provide advice and assistance to a client with respect to conduct permitted by California's cannabis laws, despite the fact that the client's conduct, although lawful under California law, might violate

Can a defendant be acquitted of a federal crime then tried state-wide?

visions which load upon the attorney-general of the state some power or obligation in the prosecution of criminal offenders. Much attention has been given by those engaged in the observa-tion and study of government to the creation of state bureaus of criminal identification and state police forces which supplement and.

What did the State of Florida argue in Gideon v. Wainwright?

What Were the Arguments? Gideon argued that by failing to appoint counsel for him, Florida violated the due process clause of the Fourteenth Amendment. Under the Fourteenth Amendment, certain protections guaranteed in the Bill of Rights were held to also apply to states.Sep 21, 2021

What is the 6th Amendment in simple terms?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Why was Gideon not given an attorney?

Lower Court Ruling: The trial judge denied Gideon's request for a court-appointed attorney because, under Florida law, counsel could only be appointed for a poor defendant charged with a capital offense. The Florida Supreme Court agreed with the trial court and denied all relief.

What was the constitutional issue in Gideon v. Wainwright?

Constitutional Issue The issue considered by the Court in Gideon v. Wainwright was whether States are required, under the federal Constitution, to provide a person charged with a non-capital felony with the assistance of counsel if that person cannot afford to hire an attorney.

What is amendment 7 simplified?

The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact.

What is amendment 8 simplified?

The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining ...

What crime did Gideon commit?

Gideon, a 50-year-old unemployed Caucasian with a long history of juvenile and adult felonies, was convicted of breaking and entering into the Bay Harbor Pool Room on June 3, 1961, in Panama City, Florida.

What happened in the Gideon v. Wainwright case quizlet?

Wainwright (1963) - Government must pay for a lawyer for defendants who cannot afford one themselves. - 14th Amendment says that states shall not "deprive any person of life, liberty, or property, without due process of law."

Did Gideon win his case?

At his second trial, which took place in August 1963, with a court-appointed lawyer representing him and bringing out for the jury the weaknesses in the prosecution's case, Gideon was acquitted.

How did Gideon v. Wainwright extend civil rights?

One year after Mapp, the Supreme Court handed down yet another landmark ruling in the case of Gideon v. Wainwright, holding that the Sixth Amendment right to a fair trial guaranteed all defendants facing imprisonment a right to an attorney, not just those in death penalty cases.

How did Gideon v. Wainwright impact the criminal justice system?

Wainwright was decided on March 18, 1963, by the U.S. Supreme Court. The case is famous for making the Sixth Amendment guarantee of a right to counsel binding on state governments in all criminal felony cases.

Who represented Wainwright in Gideon v. Wainwright?

The decision did not directly result in Gideon being freed; instead, he received a new trial with the appointment of defense counsel at the government's expense. Gideon chose W. Fred Turner to be his lawyer in his second trial. The retrial took place on August 5, 1963, five months after the Supreme Court ruling.

What are the discovery obligations of a prosecutor?

Discovery obligations are continuing, and prosecutors should always be alert to developments occurring up to and through trial of the case that may impact their discovery obligations and require disclosure of information that was previously not disclosed.

What are the rules of professional conduct?

Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases. Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities.

Why is it important to comply with discovery obligations?

First and foremost, however, such compliance will facilitate a fair and just result in every case , which is the Department's singular goal in pursuing a criminal prosecution. This guidance does not and could not answer every discovery question because those obligations are often fact specific. However, prosecutors have at their disposal an array of resources intended to assist them in evaluating their discovery obligations including supervisors, discovery coordinators in each office, the Professional Responsibility Advisory Office, and online resources available on the Department's intranet website, not to mention the experienced career prosecutors throughout the Department. And, additional resources are being developed through efforts that will be overseen by a full-time discovery expert who will be detailed to Washington from the field. By evaluating discovery obligations pursuant to the methodical and thoughtful approach set forth in this guidance and taking advantage of available resources, prosecutors are more likely to meet their discovery obligations in every case and in so doing achieve a just and final result in every criminal prosecution. Thank you very much for your efforts to achieve those most important objectives.

How important is it to keep records of discovery?

One of the most important steps in the discovery process is keeping good records regarding disclosures. Prosecutors should make a record of when and how information is disclosed or otherwise made available. While discovery matters are often the subject of ligation in criminal cases, keeping a record of the disclosures confines the litigation to substantive matters and avoids time-consuming disputes about what was disclosed. These records can also be critical when responding to petitions for post-conviction relief, which are often filed long after the trial of the case. Keeping accurate records of the evidence disclosed is no less important than the other steps discussed above, and poor records can negate all of the work that went into taking the first three steps.

What is FN 1?

FN 1. For the purposes of this memorandum, "discovery" or "discoverable information" includes information required to be disclosed by Fed.R.Crim.P. 16 and 26.2, the Jencks Act, Brady, and Giglio, and additional information disclosable pursuant to JM 9-5.001. FN 2.

What does a lawyer do in a statement of facts?

Based on this background, we conclude that the lawyer in the Statement of Facts may, consistent with the California Rules of Professional Conduct and the Business and Professions Code, provide advice and assistance to any client whom the lawyer believes to be engaged in a good faith effort to comply with state or local law regulating the medicinal or adult-recreational use of cannabis. The lawyer may also provide such advice and assistance in interpreting any other relevant California law, including generally applicable laws relating to entity formation, contracting, real estate, employment and taxation. Accordingly, the lawyer may both advise and assist the client in, among other things, obtaining regulatory approvals necessary to conduct a cannabis business, drafting documents and negotiating transactions, and other steps reasonably required to make that business functional and profitable in compliance with California law.

What is the conflict between state and federal law?

The conflict between state and federal law that gives rise to the need for this opinion presents difficult questions concerning the relationship between those two bodies of law. This opinion, however, is limited to the issue of a lawyer’s obligations—and susceptibility to professional discipline—under the California Rules of Professional Conduct and the State Bar Act when providing advice and assistance with respect to conduct regulated under both state and federal law. Because this opinion is based on California law and policy, its conclusions are limited to California lawyers counseling or assisting with respect to conduct occurring in California. This opinion does not address: (1) any issues of federal criminal law, except as assumed background for its ethical analysis; (2) the likelihood of criminal or civil proceedings stemming from alleged violations of federal criminal law; (3) the effect of a federal criminal conviction of a lawyer in a subsequent State Bar disciplinary proceeding against the lawyer; or (4) the lawyer’s obligation to self-report criminal proceedings or convictions to the State Bar. See Business and Professions Code sections 6101, 6102, and 6068 (o)(4)-(5). Finally, as noted below, this Committee’s opinions are not binding on entities charged with the discipline of California lawyers; a fortiori they are not binding on federal law enforcement authorities.

What are the rules for cannabis law in California?

Four provisions bear directly on the question of whether California-licensed lawyers are subject to discipline for providing advice or assistance with respect to state and federal cannabis law: rule 1.2.1 (Advising or Assisting the Violation of Law); rule 8.4(b) (commission of a criminal act reflecting adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects ); Business and Professions Code section 6068(a) (it is the duty of an attorney to support the Constitution and laws of the United States and of this state); and Business and Professions Code section 6106 (Moral Turpitude, Dishonesty or Corruption). Because rule 1.2.1, which became effective November 1, 2018, after approval by the California Supreme Court, is the most recent, complete, and authoritative statement of California’s approach to this question, we analyze it first, and then discuss the remaining three provisions in light of that analysis. Our discussion builds on two important local bar association ethics opinions dealing with this topic: Bar Association of San Francisco Ethics Opinion No. 2015-1 and Los Angeles County Bar Association Formal Opinion No. 527 (2015). Although both opinions precede the adoption of rule 1.2.1, their analysis informs and reinforces this opinion.

What is a California lawyer?

Under the California Rules of Professional Conduct, a California-licensed lawyer is permitted to advise and assist a client in interpreting and complying with California law , including laws permitting and regulating commerce in cannabis , even if the client’s conduct violates federal law, provided that the lawyer informs the client of the conflict between state and federal law and does not advise or assist the client in concealing or evading prosecution for that conduct. The fact that the client’s conduct is unlawful under federal law may give rise to other limitations on the lawyer’s representation of the client, which must be disclosed to the client consistent with the lawyer’s duty to communicate information relevant to the representation.

What is the duty of competence?

The duty of competence requires that the lawyer apply the “(i) learning and skill, and (ii) mental, emotional, and physical ability reasonably necessary for the performance of such service.” Rule 1.1(b). Competent representation of a regulated cannabis business requires specialized learning: notably, mastering a novel, complex, and rapidly evolving body of state and local statutes and regulations. In addition, the scope of competent representation will always encompass providing basic information on conflicting federal law to comply with rule 1.2.1 and may often require additional advice going beyond such information. A lawyer who is unable to acquire the full range of required learning and skill through study, or through consulting or associating with another attorney, should limit the representation to those issues that she has or can acquire the requisite learning and skill and advise the client to obtain separate counsel with sufficient learning and skill to represent the client on other issues presented. Rule 1.1.11

What are the requirements for a criminal trial?

According to a criminal defense attorney Santa Ana, CA, the answer is yes — but with some limitations. Unlike the broad discovery requirements for prosecutors, California law provides that defendants are obligated to provide the following information to the prosecution: 1 The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial; 2 Any relevant written or recorded statements of any of these potential witnesses persons; 3 Any expert reports, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial; 4 Any real evidence which the defendant intends to offer in evidence at the trial (tangible objects, like a knife or a piece of clothing)

What is expert testimony?

Any relevant written or recorded statements of any of these potential witnesses persons; Any expert reports, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial;

What is Brady material?

In criminal cases, the prosecution has an obligation under the constitution to turn over what is known as Brady material. Named after a United States Supreme Court case, this requirement extends to all material, exculpatory evidence. In other words, if the evidence is relevant to the guilt, innocence or punishment of the defendant, ...

When to inquire about criminal history?

To protect yourself and your company, wait to inquire about an applicant’s criminal history until after you have issued a conditional offer of employment. This includes asking applicants if they have ever been convicted of a crime, ordering a background check, or making other inquiries into an applicant’s criminal history.

How long can a criminal record be reported in California?

In California, criminal convictions can only be reported for seven years. Under California civil code ( The Investigative Consumer Reporting Agencies Act ), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.

What is the FCRA?

The FCRA is the national standard for employment background checks. For applicants, it guarantees the right to obtain a copy of the background check. It also allows the applicant to file a dispute if the background check contains inaccurate or incomplete information. California employers, like all employers, are required to follow FCRA guidelines.

Which cities have ban the box laws?

Keep in mind that, in addition to federal and state laws, Los Angeles and San Francisco have enacted their own versions of California “Ban the Box” laws. Los Angeles, for example, passed an ordinance that applies to all city businesses with ten or more employees, as well as all city contractors.

What is a pre trial diversion?

Pre-trial or post-trial diversion programs. Dismissed or sealed convictions. It is also prohibited for a company to make hiring decisions based on the factors above. California employers are, however, permitted to ask about any currently pending criminal charges.

How long does it take to get fingerprints in California?

When you use the fingerprint background check from the California Department of Justice, the results can take seven days or longer, not including the time it takes for your applicant to get his or her fingerprints scanned by a Live Scan operator.

Can an employer run a background check in California?

Yes – with some exceptions. While employers are permitted to run background checks on applicants, they must adhere to California labor laws regulating when and how to conduct said background checks. Additionally, California law requires employers to disclose certain information after they run a background check.