Chapter 5 Flashcards
How are prosecutors selected?
publicly elected official
How are federal prosecutors selected?
appointed by president
How is a DA selected?
popular election
Horizontal model
assistant prosecutors are assigned to units that handle different steps of the judicial process
Vertical model
a case is assigned to a single prosecutor and they are responsible for each step of the judicial process
What is the role of the prosecution?
to represent the gov’t
Nonprosecutorial Duties (4)
juvenile/dependency matters, child support, victim assistance, civil asset forfeitures
Prosecutorial Duties (4)
assisting police, making charging decisions, plea bargaining, disclosing evidence
3 factors prosecutors use to charge
- seriousness of the crime
- The offenders culpability
- the likelihood of getting a conviction
Plea Bargaining
prosecution and the defense give something up to reach an agreement
Exculpatory Evidence
evidence that is favorable to the defendant
Types of evidence (3)
testimony/physical evidence, exculpatory evidence, impeachment evidence
What is testimony?
police reports, witness interviews, lab reports
Impeachment evidence
calls the credibility of a witness
Prosecutorial misconduct
breaches of a prosecutors ethical duties; example, a prosecutor believes someone to be guilty when in fact they are truly innocent