exam 2 Flashcards
what is assembly line justice
court system model that manages cases in a sequence
pros and cons of assembly line justice
pros- processed quickly, specialized work areas, speed
cons- routine administration which can fail to consider specifics in the case
definition of discretion
choice used when making decisions, needed every time someone makes a decision in court
why is it important for members of the c room workgroup to work together and what happens if they dont
to serve justice and do their job efficiently. If someone is seen uncooperative, they can be removed from the workgroup.
what does justice delayed is justice denied mean
This phrase is used to emphasize the importance of a timely and efficient system, when justice is delayed, it can lead to frustration, loss of faith in the system, Evidence degradation, and witnesses or victims becoming unavailable.
what are legal ethics and why are they important
the rules and standards that lawyers must follow to act professionally and responsibly. important to ensure that lawyers act in the best interests of their clients in the legal system.
ethical obligations of a prosecutor
Seek justice, such as disclosing evidence, avoiding conflicts of interest, and refraining from any behavior that would interfere.
ethical obligations of a defense attorney
Zealously representing the client’s interests, abiding by a client’s decisions, acting with reasonable diligence, keeping the client reasonably informed, and maintaining client confidentiality.
why are prosecutors the central actor
they work with everyone in the system
skills and qualities of a good prosecutor
Broad discretion is when the prosecutor has the choice when prosecuting in the court room. They have charging decisions when prosecuting. They are decentralized which means they can work with all areas of the judicial process, not just one. Some knowledge that is needed is law school, legal research, persuasive, communication skills, an experience.
difference between vertical and horizontal prosecution
Vertical is when one person focuses on you throughout the whole case. Horizontal prosecution is when multiple people are with you throughout the case.
difference between solicitor general and us attorney
The solicitor general is someone who represents the interests of the state in court. Attorney general is the chief law enforcement officer of a state.
difference between qualified and absolute immunity for prosecutors
Absolute means a prosecutor is shielded from civil lawsuits for actions taken. Qualified offers protection only if their actions did not violate legal rights.
prosecutor primary interest
serve justice
how could there be conflict between leo and prosecutors
police are the ones arresting and the prosecutor is the one with the charging decision which can be different from what the officer thinks. The prosecutor has more law knowledge than the officer which is needed in the court.
cases that pertain to indigents
Gideon vs wainwright landmark case when Gideon requested an attorney and was refused because of him being indigent. The 6th amendment issues the right to counsel.
3 methods to provide indigents w attorneys
Assigned Council is when an attorney is appointed by the judge on a case-by-case basis. Contract systems occur when attorneys are hired to provide services for a specified dollar amount. A public defender is a salaried public official representing all indigent defendants.
Discuss the pros and cons of having court appointed counsel or a public defender to represent
pros- devote more attention to clients, more experienced, consistency, familiarity with work group
cons- tied to closely, overworked, underpaid
what standards does one use to determine if defense counsel was ineffective
If attorney failed to perform efficient standards or if there is a reasonable probability that the outcome of the preceding would have been different due to errors
Why most lawyers do not represent criminal defendants
More ludicrous, they have higher prestige, and their fewer problems dealing with clients
What is the meaning of attorney client privilege
Communication is kept confidential, they are there to help the client to the best of their ability
Possible tensions that may exist between lawyers and clients
Difficult clients, lack of trust and theater take advice from the lawyer’s point of view, defendants could thank the lawyers have skeptical skills, worry about whose side they’re on, and lack of 1 to 1 contact
At what point does the criminal justice process kick in the right to effective defense counsel
At the preliminary hearing
Three main methods of judicial selection
Executive appointment when judges are appointed by president and confirmed by Senate
Election of judges occurs mainly in county elections Merit selection uses nonpartisan commissions to evaluate applicants based on qualifications experience and performance
pros and cons of each methods of judge selection
executive appt
pro-expirnced officials
con- lifetime appointments
election
pros- part of a movement to democratize political process
cons- uneducated voters
merit
pros- remove politics
cons- similar judge backgrounds
What are judicial commissions, what type of judicial behavior might require their involvement
Organizations that investigate indiscipline judges who are accused of misconduct examples of behavior are bad faith, failure to perform duties, conviction of a crime, conflict of interest
Describe the process of impeachment for a federal judge
Trial on the articles is conducted before the Senate, conviction requires 2/3 vote of senators present, carries a removal from office and disqualification from holding any future office
Discuss the role of a judge within the work group, are they impacted by other members
accept recommendations offered by prosecutors, plea arrangements negotiated by defense attorneys, sentences are recommended by probation answer. Often these powers are shared with other members since they all impact the final decision
3 characteristics defendants involved in system
gender, race, poverty
What is it called if a defendant chooses to represent himself
self-representation or pro-se a judge must make sure they have some legal knowledge about the process
What are the hardships victims of witnesses faced during the process
They can face such emotional trauma, trout delays lost wages, and embarrassment
What is the victims bill of rights
protect victims of crime and ensure that they are treated fairly with respect throughout the process, provides protection from police
What are victims compensation programs
Provide financial assistance to crime victims and their families to cover the cost of crime, money for childcare and medical care
what are victim witness assistance programs
Insured they’re treated with the help they need such as therapy, safe and comfortable rooms, advocate treatment or medical help
2 main characteristics of a prosecutor
broad discretion and decentralization
what was Gideon V Wainwright case
Gideon requested an attorney and was refused because he was indigent
