Criminal Courts Exam 2

Question 1

Prosecutor

Answer 1

The government’s representative in criminal court prosses,

Question 2

What does a prosecutor have an active role in

Answer 2

Investigation of crimes, Arrest of suspects, Prosecution of suspects, Sentencing, and termination of probation or parole

Question 3

How are state prosecutors selected

Answer 3

Appointed either by the chief executive of the jurisdiction or elected by local voters

Question 4

How are federal prosecutors selected

Answer 4

Appointed by the president, and confirmed by the Senate, for 4-year appointments

Question 5

How do rural and urban prosecutors function

Answer 5

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.

Question 6

What are the three organizational structures that prosecutor offices may use

Answer 6

Horizontal, Vertical, and Mixed

Question 7

Horizontal model

Answer 7

Assistant prosecutors are assigned to united that handle specific steps or functions

Question 8

Vertical Model

Answer 8

Prosecutor are assigned a cases and follow it through all steps

Question 9

Mixed model

Answer 9

Most cases handled in horizontal but specific crimes get assigned to specialized unit

Question 10

What are the nonprosecutorial duties

Answer 10

Assisting law enforcement, Screeing cases, and charging decisions, Plea bargaining, Disclosure of evidence

Question 11

What is Prosecutorial discretion

Answer 11

They have the right to do things that could forever change a person’s life liberty and reputation.

Question 12

Prosecutors’ role in Sentencing

Answer 12

Prosecutors gained more power with their discretion with the implication of the new sentencing guidelines

Question 13

What is progressive prosecution and the ways it attempts to achieve its goals

Answer 13

Elimination of bail and pretrial incarceration, to help eliminate the cycle of incarseration

Question 14

What is a defense attorney

Answer 14

Represents the individual suspected of the crime against the government

Question 15

What is the defense attorneys duty to their defendant

Answer 15

To provide a zealous defense and seek the seek outcome for their client

Question 16

What is the defense attorney’s duty to their defendant?

Answer 16

To provide a zealous defense and seek the best outcome for their client

Question 17

What can a defense attorney do

Answer 17

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.

Question 18

History of right to Counsel

Answer 18

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

Question 19

What are the limitations of right to counsel

Answer 19

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

Question 20

When does an individual have the right to counsel

Answer 20

Trial, sentencing, motion for new trial, first appeal, probation or parole revocation if incarceration is possible

Question 21

What are the different types of indigent defense systems

Answer 21

ABA 150 felonies, 400 misdemeanors

Question 22

What is the difference between count appointed and private counsel

Answer 22

No real difference in the outcome of the cases but big difference in time spent on case and with family

Question 23

What court case set precedent about effective assistance of counsel

Answer 23

McMann v. Richardson (1970) supreme court held that the right to counsel included the right to effective assistance of council

Question 24

What is a holistic defense and its goals

Answer 24

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

Question 25

What is a Judge

Answer 25

A public officer who is authorized to hear legal disputes, administer the law, and preside over the courts

Question 26

judges role pre trial

Answer 26

Issue warrants

Question 27

Judges role post arrest

Answer 27

Make desitions concerning bail amounts or if bail is a safe option

Question 28

Judges role at trial

Answer 28

Make rulings on admissiblity of evidence, rulings on objections, instruct jurors on the law they applying for verdict

Question 29

Judges role Post trial

Answer 29

Impose a sentence if there is a guilty verdict

Question 30

How are federal judges selected

Answer 30

Appointed for life by the president and confirmed by senate

Question 31

Appointment method for state judges

Answer 31

8 states judges not accountable to the people accountable to politions

Question 32

Partisan elections

Answer 32

A popular election in which cndida