lAT Flashcards
What is ethical misconduct in the courts?
Ethical misconduct involves public servants, including defense attorneys, prosecutors, and judges, failing to meet higher standards of behavior in their public and private lives.
What is a major complaint regarding defense attorneys?
Defense attorneys often fail to communicate regularly with clients, which can impact the quality of the defense provided.
What is the Strickland Test?
The Strickland Test assesses ineffective counsel by evaluating if performance fell below an objective standard of reasonableness and if the outcome would have been different but for the counsel’s errors.
What are some examples of ineffective counsel?
Examples include not using exculpatory evidence, failing to challenge jailhouse informants, providing incorrect legal advice, or general incompetence.
What is the role of prosecutors in the justice system?
Prosecutors are expected to seek justice, not just convictions, and have significant discretion in their decisions.
What are the four types of prosecutorial misconduct?
- Withholding exculpatory evidence (Brady violation) 2. Misusing pretrial publicity 3. Using false evidence in court 4. Excluding jurors based on race (Batson v. KY).
What is a common charge against prosecutors?
The most common charge is failure to disclose evidence, particularly Brady violations, which can lead to wrongful convictions.
What is Operation Greylord?
Operation Greylord was a federal undercover operation investigating corruption in the Cook County judiciary, resulting in numerous indictments and convictions.
What are some types of judicial misconduct?
Types include failure to inform defendants of rights, coercing guilty pleas, exceeding sentencing authority, and denying fair hearings.
What is the Innocence Project?
The Innocence Project is an organization that helps wrongfully convicted individuals gain freedom, having assisted about 375 people, including 21 on death row.
What are common factors leading to wrongful convictions?
Common factors include witness tampering, interrogator misconduct, and mistaken witness identification.
What is prosecutorial immunity?
Prosecutors generally have immunity from civil suits regarding their prosecutorial decisions, making it difficult to hold them accountable for misconduct.
How can misconduct be responded to?
Responses include voting officials out of office, state bar sanctions, and the ABA’s Standing Committee on Ethics and Professional Responsibility.
What is a Conviction Integrity Unit?
Conviction Integrity Units are established by prosecutors to review past convictions for potential wrongful convictions and have led to numerous exonerations.
What is judicial independence?
Judicial independence ensures that the judiciary is free from political influence, allowing for fair implementation of laws.
What are the three views of constitutional interpretation?
- Strict Constructionists: rights only as specified in the Constitution. 2. Originalism: rights recognized only if clearly stated in the Constitution. 3. Interpretivism: flexible interpretation of the Constitution.
How do some governments use their criminal justice systems?
To control and punish their ‘enemies’.
What is the importance of due process in the U.S.?
Even criminals and enemies of the state are given due-process rights.
Are ethics critical at all stages of the criminal justice process?
Yes, ethics are extremely important for all criminal justice actors.
What is Judicial Activism?
The view that the Constitution can be interpreted differently by judges.
What are the three ways judges view the Constitution?
- Strict Constructionists: Rights only if specified.
- Originalism: Rights recognized only if clearly stated in original Constitution.
- Interpretationists: Looser approach that considers evolving standards.
What is the argument for a liberal interpretation of the Constitution?
It is necessary for the federal government’s expansion in new laws, ensuring all receive due process and civil liberties.
What are Natural Rights?
Rights that one has simply by being born, not created by humans.
Why are individual ethics important in the legal system?
There is room for interpretation in the law, making ethics extremely important for all criminal justice actors.
