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Mandated Sentences

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Chapter 9
Plea Bargain – Exchange of a guilty plea for a reduced charge or sentence. 249
Shadow jury- A panel of people selected by the defense attorney to represent the actual jury; sits through the trial and provides feedback to the attorney on the evidence presented during the trial. 251
Attorney-client privilege- The legal rule by which an attorney cannot disclose confidential information regarding his or her client except in a very few specified circumstances. 251
Situational model- A conceptualization in which lawyers weigh the priorities in each case and decide each case on the particular factors present. 255
Systems model- An absolute or legalistic model in that an attorney’s behavior would always be considered wrong or right depending on the ethical rule guiding the definition. 256
Asset-forfeiture- A legal tool used to confiscate property and money associated with organized criminal activity. 261
Halo effect- The phenomenon in which a person with expertise or status in one area is given deference in all areas. 266
Criminalistics- The profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings. 268
Federal sentencing guidelines- Mandated sentences created by Congress for use by judges when imposing sentences (recent Supreme Court decisions have overturned the mandatory nature of the guidelines). 277
Chapter 9 Questions:
1. Explain the confidentiality rules of defense attorneys, and some situations where they may be able to disclose confidential information.
The ethical duty of confidentiality prohibits an attorney from disclosing to any person, or for using for one’s own gain, information about one’s client obtained through the client-attorney relationship. Except when the client consents, disclosure is required by law or court order, one needs to defend oneself or employees

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