Test 2 Flashcards
What is impeachment evidence?
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual who is testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in federal courts.
What is exculpatory evidence?
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt.
What is assembly line justice?
Goal to moves cases fast
Example: McDonald’s getting orders out quickly
Hydraulic model of discretion
Displacements
Example: water snake
If you tamper discretion it’s going to move else where
Who selects Federal selection of head prosecutors?
State prosecutor?
President chooses federal term is 4 years
State prosecutor is elected 4-6 years
Vertical vs horizontal
VERTICAL- one DA follows the whole case from beginning to end
HORIZONTAL - one DA for each phase
3 elements
- Dangerousness/protect community
- capability/blameworthy ness
- Conviction ability -jury verdict
Prosecutors misconduct
Faking evidence, can’t make statements about defense, misleading info… Etc
Assigned Counsel
private lawyers designated by the courts to handle particular cases
Contract systems
State will ask for bids on law firm - # of cases/period of time - quality won’t be as great on lower bids
Public defender programs
Own budget own bar more time, it is privately owned assigned & contracts are public
Self representation
Being your own lawyer -pro say (spell check)
If not competent judge might provide stand by counsel
Brady v. Maryland (1963)
exculpatory evidence that prosecutor must disclose to defense
Powell v. Alabama (1932)
right to counsel in all capital cases
Gideon v. Wainwright (1963)
right to counsel in all felony cases
