Criminal Courts Exam 2 Flashcards
Prosecutor
The government’s representative in criminal court prosses,
What does a prosecutor have an active role in
Investigation of crimes, Arrest of suspects, Prosecution of suspects, Sentencing, and termination of probation or parole
How are state prosecutors selected
Appointed either by the chief executive of the jurisdiction or elected by local voters
How are federal prosecutors selected
Appointed by the president, and confirmed by the Senate, for 4-year appointments
How do rural and urban prosecutors function
In an urban area, the prosecutor serves more of an organizational role like a CEO in rural areas more active in the courts with different cases.
What are the three organizational structures that prosecutor offices may use
Horizontal, Vertical, and Mixed
Horizontal model
Assistant prosecutors are assigned to united that handle specific steps or functions
Vertical Model
Prosecutor are assigned a cases and follow it through all steps
Mixed model
Most cases handled in horizontal but specific crimes get assigned to specialized unit
What are the nonprosecutorial duties
Assisting law enforcement, Screeing cases, and charging decisions, Plea bargaining, Disclosure of evidence
What is Prosecutorial discretion
They have the right to do things that could forever change a person’s life liberty and reputation.
Prosecutors’ role in Sentencing
Prosecutors gained more power with their discretion with the implication of the new sentencing guidelines
What is progressive prosecution and the ways it attempts to achieve its goals
Elimination of bail and pretrial incarceration, to help eliminate the cycle of incarseration
What is a defense attorney
Represents the individual suspected of the crime against the government
What is the defense attorneys duty to their defendant
To provide a zealous defense and seek the seek outcome for their client
What is the defense attorney’s duty to their defendant?
To provide a zealous defense and seek the best outcome for their client
What can a defense attorney do
Challenge the reliability of evidence, Cross-examine witnesses, expose mistakes made by law enforcement, Hire investigators/expert witnesses, Must ensure their client is treated equally by the courts.
History of right to Counsel
6th Amendment right to counsel, Beofre 1932 you had the right to hire an attorney, 1932 the poor got the right to have an attorney appointed to them in capital cases, 1942 special circumstances, Gideon in 1963 right to counsel in state cases
What are the limitations of right to counsel
noncustodial, preindictment interrogation, Prearrest probable cause hearing, Initial appearance, Lineup, Grand Jury, Probation and parole revocation if incarceration is not an option, habeas corpus petitions
When does an individual have the right to counsel
Trial, sentencing, motion for new trial, first appeal, probation or parole revocation if incarceration is possible
What are the different types of indigent defense systems
ABA 150 felonies, 400 misdemeanors
What is the difference between count appointed and private counsel
No real difference in the outcome of the cases but big difference in time spent on case and with family
What court case set precedent about effective assistance of counsel
McMann v. Richardson (1970) supreme court held that the right to counsel included the right to effective assistance of council
What is a holistic defense and its goals
Method of legal representation that focuses on helping defendant beyond immediate prosecution the goal is to address the issues that led to the crime and overcome them to live a full pro-social life
What is a Judge
A public officer who is authorized to hear legal disputes, administer the law, and preside over the courts
judges role pre trial
Issue warrants
Judges role post arrest
Make desitions concerning bail amounts or if bail is a safe option
Judges role at trial
Make rulings on admissiblity of evidence, rulings on objections, instruct jurors on the law they applying for verdict
Judges role Post trial
Impose a sentence if there is a guilty verdict
How are federal judges selected
Appointed for life by the president and confirmed by senate
Appointment method for state judges
8 states judges not accountable to the people accountable to politions
Partisan elections
A popular election in which cndida
