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Prosecution > Final Review > Flashcards

Final Review Flashcards

1
Q

where do the professional rules of ethic for prosecutors come from?

A

the National Prosecution Standards 3rd Edition

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2
Q

who do prosecutors represent?

A

society

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3
Q

what is the role of the defense?

A

zealously defend client

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4
Q

does a prosecutor represent the victims?

A

no

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5
Q

what is the prosecutors role?

A

to enforce the law

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6
Q

what is the prosecutor’s primary responsibility?

A

prosecute the guilty; seek justice

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7
Q

does a prosecutor represent an individual client?

A

no but a prosecutor does represent the rights of individuals as society as whole

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8
Q

T/F: a prosecutor should seek to reform criminal laws when necessary

A

true

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9
Q

does a prosecutor have to abide by the rules of professional conduct?

A

yes

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10
Q

does a prosecutor have a duty to respond to misconduct? even if it’s another prosecutor?

A

yes and yes

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11
Q

in trial, what a prosecutors responsible for?

A

presenting the truth

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12
Q

who can testify about the law?

A

the legislature

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13
Q

what must a prosecutor act with both in and out of court?

A

the highest level of dignity and integrity (do the right thing)

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14
Q

can a county attorney recommend a defense attorney?

A

no

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15
Q

do the judge and county attorney have to be residents in the county?

A

yes (at least here in Douglas they do)

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16
Q

what type of training is required for prosecutors every year?

A

CLE’s and child advocacy trainings

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17
Q

what must prosecutors do with confidential information?

A

keep it confidential

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18
Q

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

A

true

19
Q

can a prosecutor advise the police?

A

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)

20
Q

should prosecutors work together w/ local agencies and associations?

A

yes

21
Q

should prosecutors work w/ other counties?

A

yes

22
Q

should a prosecutor have a good working relationship w/ attorney general and the US attorney’s office?

A

yes

23
Q

are police officers considered clients of the prosecutor?

A

no

24
Q

are police officer considered employees of the county attorney’s office

A

no

25
Q

can a prosecutor sit in while police are interviewing a subject?

A

yes, but want to avoid making yourself a witness (can observe/consult/advise but can’t participate)

26
Q

can a prosecutor be involved in training law enforcement?

A

yes

27
Q

what do you need to get a wire tap?

A

PC for ongoing criminal activity, show you’ve exhausted other possible means of investigation, minimization (officer’s don’t just listen to everything)

28
Q

does a county attorney have to sign off on an affidavit for wire tapping?

A

yes

29
Q

can a prosecutor talk to a person who has a lawyer

A

no, can only talk to such person if their counsel has consented

30
Q

can a prosecutor talk to an unrepresented person?

A

yes, but be careful. Recommend person get a lawyer if person starts making incriminating statements.

31
Q

what should a prosecutor do when offering a deal?

A

give total disclosure about the deal (in writing, entered as exhibits)

32
Q

what should a prosecutor do when he/she receive unsolicited communications?

A

give them to the police department

33
Q

can a prosecutor talk to a W or co defendant?

A

yes, but never do so w/out someone else being there

34
Q

what should a prosecutor do if the prosecutor has exculpatory evidence

A

provide complete disclosure to the defense (be an open book, give defense everything you have)

35
Q

T/F: in federal court, does a prosecutor have to give the defense everything the prosecutor has?

A

no

36
Q

can a prosecutor still keep V informed?

A

yes (can explain how criminal justice system work, notify V of D’s parole hearings and when D gets out of prison)

37
Q

what issues come up if W gets funding to help move b/c of safety concerns?

A

credibility - want to avoid it looking like you are paying W for their testimony

38
Q

can a prosecutor keep the name of a witness from the defense?

A

no

39
Q

what must a prosecutor balance when talking to the media?

A

informing the public and the person’s right to a fair trial

40
Q

what can’t a prosecutor talk to the media about?

A
  1. the character of the D
  2. D’s criminal history
  3. whether or not D has confessed
41
Q

what can a prosecutor talk to the media about?

A
  1. where the crime happened (be careful not to give out too much info)
  2. anything said in open court (i.e. in the bond hearing)
42
Q

can a prosecutor talk about the case after the case is completed?

A

yes

43
Q

what is the BOP for motion to suppress?

A

preponderance of the evidence

Prosecution (5 decks)

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