Chapter 5 Flashcards

1
Q

How are prosecutors selected?

A

publicly elected official

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2
Q

How are federal prosecutors selected?

A

appointed by president

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3
Q

How is a DA selected?

A

popular election

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4
Q

Horizontal model

A

assistant prosecutors are assigned to units that handle different steps of the judicial process

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5
Q

Vertical model

A

a case is assigned to a single prosecutor and they are responsible for each step of the judicial process

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6
Q

What is the role of the prosecution?

A

to represent the gov’t

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7
Q

Nonprosecutorial Duties (4)

A

juvenile/dependency matters, child support, victim assistance, civil asset forfeitures

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8
Q

Prosecutorial Duties (4)

A

assisting police, making charging decisions, plea bargaining, disclosing evidence

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9
Q

3 factors prosecutors use to charge

A
  1. seriousness of the crime
  2. The offenders culpability
  3. the likelihood of getting a conviction
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10
Q

Plea Bargaining

A

prosecution and the defense give something up to reach an agreement

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11
Q

Exculpatory Evidence

A

evidence that is favorable to the defendant

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12
Q

Types of evidence (3)

A

testimony/physical evidence, exculpatory evidence, impeachment evidence

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13
Q

What is testimony?

A

police reports, witness interviews, lab reports

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14
Q

Impeachment evidence

A

calls the credibility of a witness

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15
Q

Prosecutorial misconduct

A

breaches of a prosecutors ethical duties; example, a prosecutor believes someone to be guilty when in fact they are truly innocent

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16
Q

What type of discretion do prosecutors have?

A

limitless