Criminal Courts Exam 2

How does Metcalfe explain the courtroom workgroup model & felony case dispositions?

- Informal relationships affect efficiency.

- Prosecutor-Judge familiarity increases guilty pleas.

- Defense Attorney familiarity may slow resolutions.

- Gender similarity speeds up guilty pleas and plea deals.

What does "justice delayed is justice denied" mean?

Delays in the legal process prevent fair trials, causing harm to the defendant and the pursuit of justice

When can delay in a legal process be beneficial?

- Gives the defense time to prepare a stronger case.

- May allow time for new evidence to emerge.

- Defense may request delays to strategize or challenge witnesses.

When can delay in a legal process be harmful?

- Impacts courtroom efficiency and prolongs the trial process.

- Can lead to emotional strain on the defendant.

- Causes loss of key witnesses or evidence, harming the fairness of the case.

What approaches address legal delays?

- 6th Amendment ensures speedy trials.

- Courts set time limits for case resolution.

- Pretrial motions and conferences speed up cases.

Why are legal ethics important in defending criminal defendants?

- Zealously represent clients & follow decisions.

- Cannot create crimes or present false info.

- Maintain diligence, stay informed (plea, discovery).

- Ensure confidentiality, avoid conflicts.

- Ethics ensure advocacy within legal limits.

What did the American Bar Association adopt in 1983 regarding legal ethics?

- "The duty of the prosecutor is to seek justice, not merely to convict"

(Model Canons of Judicial Ethics)

What are the 5 factors that prosecutors use when making charging decisions?

- Seriousness of offense

- Culpability of defendant

- Harm caused

- Cooperation

- Subject to another jurisdiction

What are the factors that prosecutors use when exercising discretion?

Appellate courts allow prosecutors to have broad discretion:

- Can decide when to initiate prosecutions

- Can determine how to conduct cases

- Can choose when to terminate prosecutions

What are the four types of prosecutorial misconduct?

- Failure to disclose exculpatory evidence

- Introducing false evidence

- Using improper arguments

- Discriminating in jury selection

What must be proven to show prosecutorial misconduct?

- Misconduct occurred

- It caused prejudice to the defendant

What are the three elements of a Brady violation?

- Evidence is favorable to the accused (exculpatory or impeaching)

- Evidence was suppressed by the state (willfully or inadvertently)

- Prejudice resulted from suppression

What are the names for prosecutors in the federal system?

- U.S. Attorneys

- Department of Justice (DOJ)

What are the names for prosecutors in the state system?

- State Attorneys

- Commonwealth

- District Attorneys

What is the level of coverage prosecutors have from civil liability?

Absolute immunity:

- Covers charging and pursuing convictions

- Protects prosecutorial duties

What were the facts of the Hogue v. Arkansas case?

- Hogue filed writ of coram nobis

- 3 claims:

1. Withheld evidence of judge-prosecutor relationship

2. Exculpatory evidence

3. Outcome affected by judge favoring prosecutor

- Supported by judge denying defense motions and giving extra strikes to prosecution

What was the majority opinion in the Hogue v. Arkansas case?

- Relationship didn't qualify as evidence

- No proof of prejudice or trial impact

What was the dissenting opinion in the Hogue v. Arkansas case?

- Dissent argued failure to disclose was a serious violation

- Believed judge's bias could've affected trial fairness

What impact will the Protect Arkansas Act have?

- Increased caseloads for courts and defenders

- Limited resources for defense, prosecution, and courts

- Strain on the justice system

What was Gideon v. Wainwright (1963)?

- Clarence Gideon, a Florida man, was denied a lawyer

- Sup. Court ruled 6th Amendment requires states to provide attorneys for indigent defendants

- Guaranteed right to counsel for all criminal defendants

What are the 3 systems of providing indigent counsel?

- Assigned Counsel

- Contract Systems

- Public Defender

What are the four major legal issues surrounding the right to counsel?

- Non-felony cases: Not guaranteed in misdemeanors.

- Trial stages: Counsel required at critical stages (e.g., arrest, trial).

- Ineffective assistance: Poor representation can be challenged.

- Self-representation: Defendants can waive counsel with understanding.

What are Nelson Hearings?

- Defendant requests hearing to address issues with court-appointed counsel

- Often related to ineffective assistance of counsel

What are Faretta Hearings?

- Defendant wants to represent themselves

- Judge assesses understanding of legal process, charges, and consequences

- Judge may appoint stand-by counsel for assistance

What must a defendant show to prove ineffective assistance of counsel?

Two-part test:

- Serious errors or deficiencies by counsel.

- Prejudice: Reasonable probability that the trial outcome would have been different.

What are four examples of ineffective counsel?

- Failing to investigate important facts or witnesses.

- Failing to challenge admissibility of evidence.

- Failing to prepare a defense strategy or call witnesses.

- Failing to communicate with the defendant or keep them informed.

What decisions are within the right of the prosecutor?

Strategic Decisions:

- Which witnesses to call

- Whether and how to conduct cross-examination

- Which jurors to accept or strike

- What motions to make before or during trial

- Other strategic or tactical decisions

What decisions are within the right of the defendant?

Fundamental Rights:

- What plea to enter

- Whether to waive a jury trial

- Whether to testify on their own behalf

- Whether to appeal

- Whether to represent oneself or hire a lawyer

What are some changes of the bench over the last several decades?

- More diverse bench

- Increased women and minority representation

- Broader range of backgrounds

Do states impose a mandatory retirement age for judges?

- Many states require retirement at 70-75

- Some states have no mandatory age

What is the process for removing a federal judge?

- Impeachment by the House

- Conviction by the Senate

What ethical rules must judges follow?

- C1: Stay fair, independent, and avoid impropriety.

- C2: Perform duties fairly and responsibly.

- C3: Avoid conflicts between personal life and work.

- C4: Avoid political activity that affects fairness.

What is pro se?

Representing oneself in court

How do judges handle pro se defendants? Do they prefer them?

- Judges may appoint standby counsel to assist.

- Judges typically do not prefer pro se defendants.

(can slow proceedings and lead to mistakes.)

What was the decision in Florida Bar v. Aven?

- Witnesses denied drinking, but video showed otherwise

- Prosecutor used false testimony

- Compromised fairness of the trial

- Court granted mistrial and dismissed charges

What is a critical stages test?

- When legal representation is required

- Applies to stages affecting rights

- Requires counsel's guidance

Why do most lawyers not represent criminal defendants?

- Civil law is more lucrative

- Higher prestige in civil law

- Fewer client-related issues

What are the tensions between lawyers and clients?

- Lawyers may see clients as manipulative/lying

- Clients may feel lawyers aren't advocating enough

- Clients may believe lawyers are too friendly with the judge/prosecutor