chapter 6

Question 1

what are the duties and responsibilities of a prosecutor

Answer 1

they are a government (state or federal) representative and they prosecute. they bring charges against the criminal defendant

Question 2

what are the types of discretionary powers of prosecutors

Answer 2

they have broad powers which include the exclusive right to criminally charge. they have more power then judges and defense attorneys

Question 3

what does officer of the court mean

Answer 3

means that the prosecutor has a duty to see that justice is done and violations of the law must be prosecuted

Question 4

what are chief law enforcement officers (executive branch)

Answer 4

the US Attorney General is the chief law enforcement officer

Question 5

what are the US Attorneys

Answer 5

they are principle litigators and they do the trial work. they work under the US attorney general. they are appointed by the president and approved by the senate

Question 6

what is the US attorney general

Answer 6

head of the department of justice, the chief law enforcement officer of the US. they are appointed by the president and advise the president on issues such as gun laws, immigration and abortion

Question 7

what is a US solicitor general

Answer 7

they are the 3rd ranking official in the dept. of the justice. They are appointed by the president, they represent the executive branch before the senate court. they are also known as the tenth justice

Question 8

how are state prosecutors selected

Answer 8

they are elected by voters in their counties of local district, the terms are for year terms

Question 9

1st type of prosecutorial misconduct

Answer 9

prosecutors are required to handover exculpatory evidence (evidence that shows how the defendant is not guilty or their innocence.)

Question 10

2nd type of prosecutorial misconduct

Answer 10

conflict of interests with ethical issues

Question 11

3rd type of prosecutorial misconduct

Answer 11

prosecutors should not bring charges that are not supported by probable cause.

Question 12

4th type of prosecutorial misconduct

Answer 12

how much information to release to the public presents another ethical issue

Question 13

what are the duties of a defense attorney

Answer 13

they represent the criminal defendant

Question 14

what are the types of defense attorneys

Answer 14

private and public defenders. private are hired and public defenders are paid or court appointed, counsel contract lawyers. public defenders are paid by the government

Question 15

what is a court appointed attorney

Answer 15

public defenders

Question 16

what is pro bono

Answer 16

work taken without charge, especially legal work for low income clients

Question 17

what is pro se

Answer 17

“in ones behalf” someone who is representing themselves

Question 18

The case of Betts v. Brady

Answer 18

indigent defendants in a non capitol case in state court have no right to appointed counsel

Question 19

the case of Gideon v. wainwright

Answer 19

Indigent felony defendants have the right to appointed counsel

Question 20

the case of Argersinger v. Hamlin

Answer 20

indigent non felony defendants have the right to appointed counsel if they are facing jail time

Question 21

the case of Scott v. Illinois

Answer 21

no indigent criminal defendant may be sentenced to a term of imprisonment: unless he or she was afforded the right to assistance of appointed defense, counsel trial courts are not required to appoint counsel for a defendant charged with a statutory defense.

Question 22

what does indigent mean

Answer 22

someone who is low income and cannot afford counsel, they have a right to counsel

Question 23

what are the duties and responsibilities of judges

Answer 23

they set bail and revoke it, they determine whether or not probable cause exists to hold defendants, they rule on pretrial motion and accept guilty pleas.

Question 24

what is a brief

Answer 24

a written argument

Question 25

what is a case brief

Answer 25

an oral argument in which the supreme court heard

Question 26

what is an opinion

Answer 26

oral arguments in which the supreme court heard

Question 27

what are oral arguments

Answer 27

what is said to the justices for a case to be heard

Question 28

what is a reporter

Answer 28

a series of books that contain judicial opinions

Question 29

what is a dissent

Answer 29

a legal opinion by a justice that disagrees with the decision

Question 30

what is a concurrence

Answer 30

a legal opinion by a justice that argues with a decision