how do the poor get legal representation in criminal and civil court course hero

Why are standards for civil cases lower than criminal cases?

The Justice System: In order for the justice system to work, people must have access to legal representation. This can often be a problem for those who can not afford a good lawyer.

What happens if the losing party loses a civil case?

Nov 12, 2021 · In criminal proceedings, there is a rule known as "legal ethics" that prohibits attorneys from publicly assaulting their own clients in open court. As a result, attorneys in civil trials believe that they can be much more open during cross examination because the rules are less stringent in civil matters compared to criminal cases.

Who brings the case in a criminal case?

May 09, 2020 · The standards for civil cases are lower because civil cases are termed to have less blameworthy and the usually have less severe punishments as compared to criminal offences. In civil cases the defendants do not have the right to representation like in criminal cases,however they can hire a representative.

What kind of cases does the district attorney's office not hear?

March 18 marks the 56th anniversary of the landmark Gideon v. Wainwright (1963) Supreme Court decision that granted poor criminal defendants the right to …

What was the case in Powell v. Alabama?

In Powell v. Alabama(1932), nine black teens ranging in age from 13 to 19 years old, often referred to as the Scottsboro Boys, were accused of raping two young white women. (One of those women, Ruby Bates, later recanted her initial testimony and testified for the defense in a subsequent trial.)

Who was the first woman to pass the bar exam?

In 1893, Clara Shortridge Foltz — the first woman in California to pass the state’s bar exam — proposed a model public defender bill (the Foltz Public Defender Bill) that was ultimately passed in 30 states and remains the blueprint for the modern public defender system.

Who is Connie Hassett Walker?

Connie Hassett-Walker is associate professor of criminal justice at Kean University and author of "Guns on the Internet: Online Gun Communities, First Amendment Protections.". March 18, 2019. Share.

What happens if a grand jury finds no probable cause?

If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released.

What happens if a defendant pleads not guilty?

If the defendant enters a not guilty plea, a trial date will be set. If the defendant pleads guilty, either a date will be set for sentencing or the magistrate or judge will impose probation, fines or other sentences immediately.

How to do a trial?

Steps in a Trial 1 The charge is read to the defendant, and penalties explained. 2 The defendant is advised of his/her right to trial, and right to trial by jury if desired. 3 The right to counsel (legal representation) is explained, and the judge or magistrate appoints a lawyer if the defendant requests one and is found to be indigent (too poor to afford a private lawyer). 4 The defendant enters a plea. If counsel has been requested and appointed, or if the defendant indicates that private counsel will be retained, a plea of not guilty is entered. If the defendant enters a not guilty plea, a trial date will be set. If the defendant pleads guilty, either a date will be set for sentencing or the magistrate or judge will impose probation, fines or other sentences immediately. In some cases, the judge or magistrate may allow a defendant to plead nolo contendere , or no contest. In many jurisdictions a plea of no contest is equivalent to a guilty plea, except that the defendant does not directly admit guilt. 5 Assuming the defendant has pled not guilty, the judge or magistrate sets the amount of bail .

Can a judge accept a no contest plea?

In some cases, the judge or magistrate may allow a defendant to plead nolo contendere , or no contest. In many jurisdictions a plea of no contest is equivalent to a guilty plea, except that the defendant does not directly admit guilt.