exam 2

Question 1

what is assembly line justice

Answer 1

court system model that manages cases in a sequence

Question 2

pros and cons of assembly line justice

Answer 2

pros- processed quickly, specialized work areas, speed
cons- routine administration which can fail to consider specifics in the case

Question 3

definition of discretion

Answer 3

choice used when making decisions, needed every time someone makes a decision in court

Question 4

why is it important for members of the c room workgroup to work together and what happens if they dont

Answer 4

to serve justice and do their job efficiently. If someone is seen uncooperative, they can be removed from the workgroup.

Question 5

what does justice delayed is justice denied mean

Answer 5

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.

Question 6

what are legal ethics and why are they important

Answer 6

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.

Question 7

ethical obligations of a prosecutor

Answer 7

Seek justice, such as disclosing evidence, avoiding conflicts of interest, and refraining from any behavior that would interfere.

Question 8

ethical obligations of a defense attorney

Answer 8

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.

Question 9

why are prosecutors the central actor

Answer 9

they work with everyone in the system

Question 10

skills and qualities of a good prosecutor

Answer 10

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.

Question 11

difference between vertical and horizontal prosecution

Answer 11

Vertical is when one person focuses on you throughout the whole case. Horizontal prosecution is when multiple people are with you throughout the case.

Question 12

difference between solicitor general and us attorney

Answer 12

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.

Question 13

difference between qualified and absolute immunity for prosecutors

Answer 13

Absolute means a prosecutor is shielded from civil lawsuits for actions taken. Qualified offers protection only if their actions did not violate legal rights.

Question 14

prosecutor primary interest

Answer 14

serve justice

Question 15

how could there be conflict between leo and prosecutors

Answer 15

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.

Question 16

cases that pertain to indigents

Answer 16

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.

Question 17

3 methods to provide indigents w attorneys

Answer 17

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.

Question 18

Discuss the pros and cons of having court appointed counsel or a public defender to represent

Answer 18

pros- devote more attention to clients, more experienced, consistency, familiarity with work group
cons- tied to closely, overworked, underpaid

Question 19

what standards does one use to determine if defense counsel was ineffective

Answer 19

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

Question 20

Why most lawyers do not represent criminal defendants

Answer 20

More ludicrous, they have higher prestige, and their fewer problems dealing with clients

Question 21

What is the meaning of attorney client privilege

Answer 21

Communication is kept confidential, they are there to help the client to the best of their ability

Question 22

Possible tensions that may exist between lawyers and clients

Answer 22

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

Question 23

At what point does the criminal justice process kick in the right to effective defense counsel

Answer 23

At the preliminary hearing

Question 24

Three main methods of judicial selection

Answer 24

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

Question 25

pros and cons of each methods of judge selection

Answer 25

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

Question 26

What are judicial commissions, what type of judicial behavior might require their involvement

Answer 26

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

Question 27

Describe the process of impeachment for a federal judge

Answer 27

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

Question 28

Discuss the role of a judge within the work group, are they impacted by other members

Answer 28

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

Question 29

3 characteristics defendants involved in system

Answer 29

gender, race, poverty

Question 30

What is it called if a defendant chooses to represent himself

Answer 30

self-representation or pro-se a judge must make sure they have some legal knowledge about the process

Question 31

What are the hardships victims of witnesses faced during the process

Answer 31

They can face such emotional trauma, trout delays lost wages, and embarrassment

Question 32

What is the victims bill of rights

Answer 32

protect victims of crime and ensure that they are treated fairly with respect throughout the process, provides protection from police

Question 33

What are victims compensation programs

Answer 33

Provide financial assistance to crime victims and their families to cover the cost of crime, money for childcare and medical care

Question 34

what are victim witness assistance programs

Answer 34

Insured they're treated with the help they need such as therapy, safe and comfortable rooms, advocate treatment or medical help

Question 35

2 main characteristics of a prosecutor

Answer 35

broad discretion and decentralization

Question 36

what was Gideon V Wainwright case

Answer 36

Gideon requested an attorney and was refused because he was indigent