E. Prosecutors & Other Government Lawyers

Question 1

What is required for Prosecutor to proceed with charges?*

Answer 1

Knowledge of charge supported by PROBABLE CAUSE!!!

Question 2

What is required for Prosecutor to sentence convicted Defendant?

Answer 2

1) Disclose ALL unprivileged mitigating info known to Prosecutor
2) To Defence + Court

Question 3

What is Prosecutor required to do that may help Defendant?*

Answer 3

Timely disclose ALL known evidence + info !!!
- Must tends to negate D’s guilt/mitigate degree of D’s offence!!!

Assure D’s right to counsel!!!

• Method of obtaining counsel
• Opportunity to obtain counsel

Remedy D’s conviction!!!
- Based on known clear + convincing evidence of D’s innocence

Question 4

May Prosecutor make statements likely to heighten D’s public condemnation?

Answer 4

ONLY to inform public of nature and extent of Prosecutor’s action

ONLY to serve legitimate law enforcement purpose

Question 5

When may Prosecutor subpoena Lawyers to give client info?

Answer 5

• NOT privileged info
• Essential info
• NOT obtainable info (in any other way)

Question 6

What are Government Lawyer’s duties?

Answer 6

• NOT continue unfair actions
• Develop full record
• NOT use position/power to harass parties/force unjust settlements

Question 7

When may Prosecutor be subject to civil liability?*

Answer 7

Extortion

- Extracting info/property from Client by threat of crime accusation!!!