Chapter 3: The prosecution Flashcards
Adversary System
legal system involving a contest b/w 2 opposing parties under a judge
prosecutor
aims to prove the defendant committed a crime
defense attorney
seeks to show the defendant did not do it
rules of criminal procedure
rules established by which a criminal case is conducted
ethical code
canons of professional responsibility by professional associations
witnesses
eyewitnesses who are examined and cross examined
inculpatory evidence
tends to show the guilt of the defendant
exculpatory evidence
tends to show the defendants innocence
district attorney
city, county, and state prosecutor who are charged with bringing offenders to justice enforcing the laws of the state
state’s attorneys
government prosecutors
county prosecutor
district attorney of the county level
U.S. attorney’s office
chief prosecuting body affiliated with U.S. district court in the federal court system
U.S. attorney
official responsible for prosecution of crimes that violate laws of the U.S. Appointed by the President
Attorney General
senior U.S. prosecutor in each federal district court
Assistant U.S. attorneys (AUSAs)
government prosecutor who are subordinates to the U.S. attorney who heads the prosecutors office for each federal district
deponents
Persons who give testimony through a deposition
venue
area over which a judge exercises authority to act in an official capacity. Place where a trial is held
true bills
grand jury decisions that sufficient evidence exists that a crime has been committed and that a specific suspect committed to it
indictments
charges or written accusations found and presented by a grand jury that a particular defendant probably committed a crime
criminal informations
written accusations made by a public prosecutor against a person for some criminal offense without an indictment
prosecutorial bluffing
attempt by prosecution to bluff the defendant into believing the case is stronger than it really is. Used to elicit a guilty plea from a defendant to avoid trial
backdooring hearsay evidence
action by prosecutor where prosecutor comments about or mentions information to the jury is inadmissible in court
malicious prosecution
when prosecutors bring charges against the accused with the full knowledge that the accused is innocent of the crime alleged
Prosecutorial misconduct
any deliberate action that violates ethical codes or standards governing the role of prosecutors
harmless error doctrine
appellate court can affirm the conviction as long as prosecutorial error did not harm the defendant
