Final Review Flashcards
where do the professional rules of ethic for prosecutors come from?
the National Prosecution Standards 3rd Edition
who do prosecutors represent?
society
what is the role of the defense?
zealously defend client
does a prosecutor represent the victims?
no
what is the prosecutors role?
to enforce the law
what is the prosecutor’s primary responsibility?
prosecute the guilty; seek justice
does a prosecutor represent an individual client?
no but a prosecutor does represent the rights of individuals as society as whole
T/F: a prosecutor should seek to reform criminal laws when necessary
true
does a prosecutor have to abide by the rules of professional conduct?
yes
does a prosecutor have a duty to respond to misconduct? even if it’s another prosecutor?
yes and yes
in trial, what a prosecutors responsible for?
presenting the truth
who can testify about the law?
the legislature
what must a prosecutor act with both in and out of court?
the highest level of dignity and integrity (do the right thing)
can a county attorney recommend a defense attorney?
no
do the judge and county attorney have to be residents in the county?
yes (at least here in Douglas they do)
what type of training is required for prosecutors every year?
CLE’s and child advocacy trainings
what must prosecutors do with confidential information?
keep it confidential
T/F: prosecutors enjoy absolute immunity from civil rights actions brought under section 1983 when acting w/in scope of duties in initiating and presenting the state’s case
true
can a prosecutor advise the police?
yes, but can’t tell police do something prior to charging (ex. can advise police on whether a warrant constitutes sufficient info for PC but can’t tell police to add facts to make sure it’s PC)
should prosecutors work together w/ local agencies and associations?
yes
should prosecutors work w/ other counties?
yes
should a prosecutor have a good working relationship w/ attorney general and the US attorney’s office?
yes
are police officers considered clients of the prosecutor?
no
are police officer considered employees of the county attorney’s office
no
can a prosecutor sit in while police are interviewing a subject?
yes, but want to avoid making yourself a witness (can observe/consult/advise but can’t participate)
can a prosecutor be involved in training law enforcement?
yes
what do you need to get a wire tap?
PC for ongoing criminal activity, show you’ve exhausted other possible means of investigation, minimization (officer’s don’t just listen to everything)
does a county attorney have to sign off on an affidavit for wire tapping?
yes
can a prosecutor talk to a person who has a lawyer
no, can only talk to such person if their counsel has consented
can a prosecutor talk to an unrepresented person?
yes, but be careful. Recommend person get a lawyer if person starts making incriminating statements.
what should a prosecutor do when offering a deal?
give total disclosure about the deal (in writing, entered as exhibits)
what should a prosecutor do when he/she receive unsolicited communications?
give them to the police department
can a prosecutor talk to a W or co defendant?
yes, but never do so w/out someone else being there
what should a prosecutor do if the prosecutor has exculpatory evidence
provide complete disclosure to the defense (be an open book, give defense everything you have)
T/F: in federal court, does a prosecutor have to give the defense everything the prosecutor has?
no
can a prosecutor still keep V informed?
yes (can explain how criminal justice system work, notify V of D’s parole hearings and when D gets out of prison)
what issues come up if W gets funding to help move b/c of safety concerns?
credibility - want to avoid it looking like you are paying W for their testimony
can a prosecutor keep the name of a witness from the defense?
no
what must a prosecutor balance when talking to the media?
informing the public and the person’s right to a fair trial
what can’t a prosecutor talk to the media about?
- the character of the D
- D’s criminal history
- whether or not D has confessed
what can a prosecutor talk to the media about?
- where the crime happened (be careful not to give out too much info)
- anything said in open court (i.e. in the bond hearing)
can a prosecutor talk about the case after the case is completed?
yes
what is the BOP for motion to suppress?
preponderance of the evidence
