Ethical Responsibilities of Prosecutors in Criminal Law

Prosecutor's Ethical Responsibility

Must not prosecute without probable cause.

Right to Counsel

Accused must be informed of counsel rights.

Waiving Pretrial Rights

Unrepresented accused cannot waive pretrial rights.

Evidence Sharing

Prosecutors must share exculpatory evidence.

Public Comments

Prosecutors cannot make prejudicial public statements.

Professional Conduct Rule 1.6

Protects attorney-client confidentiality.

Attorney-Client Privilege Waiver

Client can waive privilege if communication isn't confidential.

Conflict of Interest

Former employment may limit representation materially.

IOLA

Interest on Lawyers Trust Account for legal aid.

Hourly Fee

Charges based on time spent on case.

Flat Fee

Pre-established fee for legal services.

Summons

Legal notice for voluntary court appearance.

Arrest Warrant

Issued for mandatory custody of accused.

Bail Purpose

Ensures accused's court appearance.

Excessive Bail

Bail may be unconstitutional if excessively high.

Own Recognizance Release

Defendant promises to appear without bond.

Gideon Decision

Established right to counsel as fundamental.

Court-Appointed Attorney

Available for those unable to afford counsel.

Status Offense

Non-criminal behavior like truancy or curfew violations.

Delinquent Offense

Criminal acts like theft or battery.

Alibi Defense

Proves defendant was elsewhere during crime.

Notice of Alibi

Prosecution must be informed of alibi defense.

Involuntary Intoxication

Unknowingly drugged, negates understanding of actions.

Voluntary Intoxication

May reduce liability for specific intent crimes.

Insanity Defense

Mental illness prevents understanding of actions.

Age Defense

Children under 7 presumed incapable of intent.

Mistake of Fact

Reasonable misunderstanding negates required intent.

Mistake of Law

Not a defense; ignorance of law presumed.

Duress

Force or threat causes criminal act.

Necessity Defense

Action taken to avoid greater harm.

Self-Defense

Force necessary to prevent serious injury.

Battered Person Syndrome

Psychological condition affecting self-defense claims.

Constitutional Questions

Raised on issues like ex post facto laws.

Hate Crime

Proving hate crime affects justice system outcomes.