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LAW AND SOC WEEK 8
The Legal Profession and Courts and Juries
Terms in this set (20)
stratification of the American bar
some attorneys earn much more money than other attorneys and also enjoy more respect and influence.
The attorneys in the large law firms, whose clients are typically corporations, and those who work as house counsel for corporations. They occupy the pinnacle of the legal profession and earn the highest incomes.
personal services attorneys
solo attorneys and those who work in small firms (fewer than ten lawyers). Represent clients in criminal cases, divorces, real estate transactions, personal injury cases, and wills and other estate planning. enjoy much less wealth and status than their large firm counterparts
emphasize getting to know their clients, talking with them, and treating them as individuals
take a business approach to their practice of law: emphasize the provision of legal services to many clients in the least expensive and most efficient manner possible
cause lawyers/cause lawyering
small segment of the bar that practices law with the direct goal of improving society. Work for a social change goal or for a cause
the failure to render legal services after a fee is paid
case study method of teaching law
relies on the reading of casebooks, collections of actual cases and court opinions designed to illustrate various legal principles.
Socratic method of teaching law
Rather than lecture on law, professors engaged students in a vigorous question-and-answer process about the cases (with which students were expected to be very familiar by reading their casebooks) that was meant to help them understand the legal principles at stake
adversarial model of the criminal court
According to this model, the prosecutor and defense attorney "fight it out" by vigorously contesting the evidence before a judge acting as a neutral referee over the proceedings. Through this process, the truth about a defendant's guilt or innocence will emerge and justice will be done. Considered largely a myth, real largely in celebarted, high-profile cases and serious felony cases.
consensual model of the criminal court
characterized by a good deal of cooperation between prosecution and defense. Operates in most cases.
crime control model of the criminal court
essential goal is to ensure public safety. assumes that most criminal suspects are guilty and emphasizes the need to expedite their cases through the courts and other branches of the criminal justice system.
due process model of the criminal court
the essential goal is to protect the individual from possible government abuse of power. This model assumes that some suspects and defendants may be innocent of the crimes of which they are accused and that, in any event, both the innocent and the guilty in a democracy must have their rights observed to preserve individual liberty
discretionary model of the criminal court
based on the fact that criminal cases involve a series of decisions by legal personnel and thus their proceeding is largely up to their discretion.
an offense that seems typical of other crimes when considering criteria like the strength of the evidence, the amount of harm caused by the crime, and the nature of the offender-victim relationship. courtroom actors almost immediately have the same understanding of what the punishment should be for normal crimes.
consists of the prosecutor, defense attorney, and judge. All three parties are well aware of the heavy caseloads that burden the system generally and each of the parties individually. They thus also recognize the need to process these cases quickly and efficiently, lest the system break down
More recent studies agree and emphasize that plea bargaining benefits all parties in a case. Because of these benefits, each of these parties has several reasons for desiring plea bargains over actual trials
the percentage of all a prosecutor's cases that end in a conviction. When this rate is determined, a conviction counts as a conviction regardless of whether it stems from a guilty plea or from a conviction after trial
the "vanishing jury"
During the last few decades, the actual use of the jury in criminal and civil cases also declined, with juries deciding a smaller and smaller proportion of cases in both legal arenas. Legal scholars refer to this development as the "vanishing jury"
occurs when juries reach verdicts that contradict the evidence. the acquittals of defendants despite clear evidence of their legal guilt. Juries have power to disregard law but cannot be reminded of it by defense attorneys.
THIS SET IS OFTEN IN FOLDERS WITH...
LAW AND SOC WEEK 1
LAW AND SOC WEEK 2
LAW AND SOC WEEK 3
LAW AND SOC WEEK 4
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