Responsibilities of Judges, Prosecutors, and Defense Counsel

Question 1

Judges

Answer 1

DPC requires that judges possess neither ACTUAL nor APPARENT bias

Question 2

Four Prosecutorial Duties

Answer 2

Prosectors:

(1) Must TURN OVER ALL MATERIAL EXCULPATORY EVIDENCE to the defense
(2) May not knowingly PRESENT FALSE TESTIMONY
(3) May not CONTACT D OUTSIDE OF PRESENCE OF D’S COUNSEL
(4) May not COMMENT ON D’S FAILURE TO TESTIFY AT TRIAL or make unfair remarks about D to jury

Question 3

Prosecutorial Misconduct that Could Affect Verdict

Answer 3

May require:

(1) Mistrial; or
(2) Reversal of conviction

Question 4

Defense Counsel

Answer 4

Sixth Amendment guarantees D EFFECTIVE ASSISTANCE OF COUNSEL at all critical stages of prosecution

Question 5

Conflicts of Interest: Joint Representation

Answer 5

If actual conflict, judge must warn Ds that joint rep is a risk and give them opportunity to get separate counsel

Question 6

Effective Assistance: Strickland Test

Answer 6

Counsel’s representation:

(1) FELL BELOW AN OBJECTIVE STANDARD OF REASONABLENESS; and
(2) PREJUDICED D, resulting in the reasonable probability that the outcome would have been different

Question 7

What Happens if D Denied Effective Assistance of Counsel?

Answer 7

CONVICTION MUST BE REVERSED since D has already shown that they were prejudiced

Question 8

Choice of Counsel for Indigent Ds

Answer 8

Not entitles to appointment of lawyer of their choice

Competent assistance is good enough

Question 9

Proceeding Pro Se

Answer 9

D entitled to waive right to counsel and represent themself as long as done KNOWINGLY and VOLUNTARILY

Must be COMPETENT enough to understand what they are doing

Cannot use “back-up” lawyer