Chap. 10 - Introduction and Participants

Question 1

Does criminal procedure put substantive criminal law into action?

Answer 1

Yes.

Question 2

Does each state government and federal government have its own procedural rules?

Answer 2

Yes.

Question 3

Where are a lot of the federal rules found?

Answer 3

The Federal Rules of Criminal Procedure.

Question 4

Where else can you find the procedural rules?

Answer 4

1. Constitution
2. State Constitution
3. United States Code
4. State Code

Question 5

What is the adversarial system?

Answer 5

The system of law in the US. The judge acts as the referee between opposite sides rather than acting as the person who also makes the state’s case or independently seeks out the evidence.

Question 6

What theory is the adversary system built on?

Answer 6

The foundation theory that the truth is more likely to be discovered when there are two competing parties, each conducting its own investigation of the facts, asserting differing theories of fact and law, and each presenting its own case to the court.

Question 7

What are the four major legal families today?

Answer 7

1. common
2. civil
3. Islamic
4. Socialist
5. Traditional and transitional law

Question 8

Is the criminal system accusatorial?

Answer 8

Yes. The government bears the burden of proving a defendant’s guilt.

Question 9

Is the entire process designed to minimize the risk of convicting innocent persons?

Answer 9

Yes. It is better to free several guilty persons than to convict one innocent person.

Question 10

How is the system designed to allow the accused to enjoy several advantages?

Answer 10

1. The presumption of innocence.
2. The freedom of self-incrimination.
3. The right to a jury trial.
4. The right to counsel.

Question 11

On what continuum is the criminal system based on?

Answer 11

Crime control and the due process model. It is legal guilt vs. factual guilt.

Question 12

What is the due process model focused on?

Answer 12

The integrity of individual rights, not the rights of the community to be free from crime.

Question 13

What is the police officer’s paramount ethical code?

Answer 13

The constitution.

Question 14

Who are prosecutors?

Answer 14

They are government attorneys responsible for prosecuting violators.

Question 15

At the federal level, who is the highest law enforcement official?

Answer 15

The attorney general. She heads the department of justice.

Question 16

Does each state have an attorney?

Answer 16

Yes. They each have an attorney general. Prosecutor, district attorney, or state attorney.

Question 17

What is a nolle prosequi?

Answer 17

The ending of a criminal case because the prosecutor decides to stop prosecuting. When this happens, the case is ‘nolled’, nollied’, or nol. prossed.’

Question 18

Define discretion.

Answer 18

The power to act within general guidelines, rules, or laws, but without either specific rules to follow or the need to completely explain or justify each decision or action.

Question 19

What are the two main reasons discretion must be allowed?

Answer 19

1. The prosecutor’s ethical obligation requires that he or she seek justice, not convictions. Prosecutors are not to maintain a prosecution simply because there is a probability of prevailing.
2. Decisions to prosecute that are motivated by improper criteria may violate equal protection.

Question 20

What are the three criteria to show improper discriminatory prosecution:

Answer 20

1. Other people similarly situated were not prosecuted.
2. The prosecutor intentionally singled out the defendant.
3. The selection was based upon arbitrary classification. (Deliberately based on an unjustified standard: race, religion, and gender).

• Prosecution intended to punish an individual for exercising a constitutional right is also improper.

Question 21

What is the rational relationship test?

Answer 21

If the decision to prosecute is rationally related to a legitimate governmental objective, it is valid.

Question 22

What is the strict scrutiny test?

Answer 22

It is invalid unless it can prove a compelling governmental interest.

Question 23

To determine if a classification is proper for gender which tests need to be followed?

Answer 23

1. A substantial relationship to a legitimate governmental interest.

Question 24

What are the two sets of ethical rules for attorneys?

Answer 24

1. Model Code of Professional Responsibility.

2. Model Rules of Professional Conduct.

Question 25

What are the violations of the ethical rules:

Answer 25

1. Discipline by the bar.
2. An offended court.
3. Or both.
4. Private reprimands.
5. Suspension.
6. Disbarment.
7. Monetary penalties.
8. Punishment for contempt.

Question 26

Do prosecutors have a constitutional duty to disclose exculpatory evidence?

Answer 26

Yes. Evidence that mitigates the degree of an offense or reduces a sentence must also be disclosed.