Final Review

Question 1

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

Answer 1

the National Prosecution Standards 3rd Edition

Question 2

who do prosecutors represent?

Answer 2

society

Question 3

what is the role of the defense?

Answer 3

zealously defend client

Question 4

does a prosecutor represent the victims?

Answer 4

no

Question 5

what is the prosecutors role?

Answer 5

to enforce the law

Question 6

what is the prosecutor’s primary responsibility?

Answer 6

prosecute the guilty; seek justice

Question 7

does a prosecutor represent an individual client?

Answer 7

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

Question 8

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

Answer 8

true

Question 9

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

Answer 9

yes

Question 10

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

Answer 10

yes and yes

Question 11

in trial, what a prosecutors responsible for?

Answer 11

presenting the truth

Question 12

who can testify about the law?

Answer 12

the legislature

Question 13

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

Answer 13

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

Question 14

can a county attorney recommend a defense attorney?

Answer 14

no

Question 15

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

Answer 15

yes (at least here in Douglas they do)

Question 16

what type of training is required for prosecutors every year?

Answer 16

CLE’s and child advocacy trainings

Question 17

what must prosecutors do with confidential information?

Answer 17

keep it confidential

Question 18

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

Answer 18

true

Question 19

can a prosecutor advise the police?

Answer 19

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)

Question 20

should prosecutors work together w/ local agencies and associations?

Answer 20

yes

Question 21

should prosecutors work w/ other counties?

Answer 21

yes

Question 22

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

Answer 22

yes

Question 23

are police officers considered clients of the prosecutor?

Answer 23

no

Question 24

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

Answer 24

no

Question 25

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

Answer 25

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

Question 26

can a prosecutor be involved in training law enforcement?

Answer 26

yes

Question 27

what do you need to get a wire tap?

Answer 27

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

Question 28

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

Answer 28

yes

Question 29

can a prosecutor talk to a person who has a lawyer

Answer 29

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

Question 30

can a prosecutor talk to an unrepresented person?

Answer 30

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

Question 31

what should a prosecutor do when offering a deal?

Answer 31

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

Question 32

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

Answer 32

give them to the police department

Question 33

can a prosecutor talk to a W or co defendant?

Answer 33

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

Question 34

what should a prosecutor do if the prosecutor has exculpatory evidence

Answer 34

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

Question 35

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

Answer 35

no

Question 36

can a prosecutor still keep V informed?

Answer 36

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

Question 37

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

Answer 37

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

Question 38

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

Answer 38

no

Question 39

what must a prosecutor balance when talking to the media?

Answer 39

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

Question 40

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

Answer 40

1. the character of the D 2. D's criminal history 3. whether or not D has confessed

Question 41

what can a prosecutor talk to the media about?

Answer 41

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)

Question 42

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

Answer 42

yes

Question 43

what is the BOP for motion to suppress?

Answer 43

preponderance of the evidence