Chapter 11

Chapter 11- Trial Defense and Prosecution
This chapter mainly focuses on the, (1) the rights of the accused, (2) how the cases are settled without trial, and, (3) some of the problems of the court system. Here is a list of the top 10 interesting facts, I learned from reading them.
1. Right to counsel- is the sixth amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.
2. Gideon v. Wainwright-Clarence Earl Gideon was charged of breaking into a poolroom and during his trial he was denied the right to have a lawyer or counsel defend him, after requesting for one. A after his case, the court made the right to counsel during felony trials binding on all the states. This case established the scope of the right to counsel.
3. Effective counsel- competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case.
4. Nolle prosequi- a decision by a prosecutor not to press charges; also known as nol.pros.
5. Plea bargaining- an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty.
6. Speedy Trial Act- legislation requires that all criminal cases be brought to trial within one hundred days.
7. Caseloads- the large numbers of cases to be adjudicated in the courts; also one of the many problems in the court.
8. Case mortality- case attrition, in which arrests do not result in convictions for various reasons.
9. “Three strikes” laws- laws under which conviction for a third felony results in an extended sentence, up to life imprisonment.
10. A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act.