Courts Exam 2

probation officer, pretrial services rep, diversion program rep

what are some examples of corrections actor that may play a role in the courthouse?

probation officer

who may recommend defendants for programs and also writes the pre-sentence investigation report?

they have broad discretion and make charging decisions

what are the two major characteristics of prosecutors?

English Common Law

what did the role of the prosecutor evolve from?

Pam Bondi

who is the current U.S. Attorney General?

blameworthiness, protection of the community, practical constraints and consequences

what does the focal concerns theory, regarding prosecutors, analyze?

solicitor general

person who represents U.S. government in front of the Supreme Court in all appeals of federal criminal cases

attorney general

chief legal officer of the state with more civil duties than criminal

U.S. attorneys

prosecute criminal case brought by the federal government, initiate and defend civil cases, and collect debts owed to the federal government

at the discretion of the president with consent from Senate

how are U.S. attorneys appointed into office?

high turnover and learn on the job

what are some characteristics of assistant district attorneys?

prosecutorial ethics

what idea puts prosecutors as the representatives of both victims and the police?

absolute immunity

immunity within the realm of prosecutorial functions as long as they’re acting in good faith

judges and prosecutors

who has absolute immunity in the CJ system?

qualified immunity

immunity when actors are not acting as an advocate for the government?

disclosure of evidence, conflict of interest, discretion, info to release to the public

what are some ethical issues faced by prosecutors?

exculpatory evidence

evidence that may show a person’s evidence

Berger v. U.S.

federal court case that determined the prosecutor’s primary interest is in doing justice, not just winning

Imbler v. Pochtmon

court case that determined prosecutors enjoy absolute immunity from civil liability when initiating and pursuing a criminal prosecution

Morrison v. Olson

court case that determined independent counsel law is constitutional

Burns v. Reed

court case that determined prosecutors enjoy only qualified immunity from lawsuits concerning advice given to the police

the largest cities and the smallest cities had more prosecuting attorneys than populations in between

what did the 2020 BJS statistics show regarding the number of prosecuting attorneys based on number of residents in cities?

state prosecutors filed 78% of felony cases, where the majority of those were closed by plea bargains

what did the BJS statistics report, when analyzing 2.7 felony cases reviewed by state prosector offices?

when making statements during news conferences

when do prosecutors enjoy qualified immunity from civil lawsuits?

making false statements

what might a prosecutor be sued for?

Brady Rule

rule that indicates prosecutors are required to disclose all evidence

80%

about what percent of people that enter the CJ system rely on court-appointed attorneys?

Strickland case

what court case determined that proving ineffective assistance and counsel is up to the defendant to prove

6th amendment

which amendment provides the right to counsel?

in re gault

which court case extends the 6th amendment to juveniles?

no, DAs are still available for advice and assistance

if someone decides to represent themselves in court, are they completely on their own?

Scott v. Illinois and Arsigner v Hamlin

what are two court cases that looked at the 6th amendment right and non-felony prosecutions

arraignment or initial appearance

when is a defendant asked if they would like to be appointed an attorney?

once adversarial proceedings have begun

when are defendants given their right to counsel, meaning their attorney will be with them?

arrest

at what stage is an attorney not required

probable cause

what burden of proof is a jury required to find?

did conduct undermine proper functions and did it render the outcome unfair

what are some questions that would be asked to determine reasonableness of a person’s counsel in court proceedings?

appellate courts reverse the decision

what must happen if a proceeding is determined to have been conducted in an unprofessional manner?

pro se

when a defendant is representing themself

what’s best for the client

instead of exonerations achieved, how is winning determined by lawyers?

access to police reports and witnesses

what access might cooperative attorney gain?

poor scheduling and dragging out trials

what are some indirect sanctions for attorneys?

criticism and lack of assignments

what are some direct sanctions placed on attorneys?

ineffective counsel claims

what might inexperienced attorneys be subject to?

high salaries and can appoint friends to various positions

what are some benefits of being a judge?

heavy caseload and admin problems

what are some frustrations with the role of a judge?

sign arrest warrants, set initial bail amounts, preside over preliminary hearings

what are some lower court judge duties?

final word on interpreting law, determine if evidence was properly admitted, interpret legality of arrests and search and seizures

what are appellate court judge duties?

alter bail amounts, inform of charges, instruct jury, sentencing

what are the duties of major trial court judges?

charging stage

in ANY court, what stage can judges not intervene during?

trial

what is rarely held in lower courts?

judge shopping

looking for a judge that will be most favorable to your case

contempt of court

sanction that can be placed for outbursts or when a witness fails to appear in court?

executive appointment

when a judge is nominated by the president, then goes before Senate, before they can be appointed

partisan election

when judges are voted on based on the party they belong to

nonpartisan election

when judges are voted on, without declaring their political preferences

merit selection

when a vacancy arises, candidates are screened and recommended based on their personal accomplishments and goals

life

how long do circuit court and federal judges typically serve for?

merit selection is most used

which election method is most used for judicial appointments?

4-year terms

how long do municipal court judges serve?

gubernatorial appointment

when governors nominate those active in their campaigns, for judgeships

impeachment

how can Supreme Court and district judges be removed from office?

during the Jacksonian era

when did judicial elections emerge, so to democratize the political process

missouri bar plan

where did merit selection come from?

white, male, upper-middle class, protestants

what demographic makes up the majority of judges in the U.S.?

26%

what percent of women make up federal judges?

they are a burden

how does the courtroom workgroup feel about unruly defendants and witnesses?

trial delays, long waits, lost wages

what are some frustrations witnesses or victims experience in the court process

forcefully, but no belligerently

how must witnesses speak when testifying in court?

over 50%

about what percent of crimes are committed by someone the victim knows?

overall supportive

how do victims and witnesses express their feelings for the court process, despite their frustrations

colorado

what state has led the victims rights movement reform?

Hammurabi

who was one of the first to address victims’ rights?

magna carta

what was the first to recognize all people had God-given rights?

keep identity private, be notified of rights, be provided info for crime victim assistance programs

what are some of the rights that MN provides for victims?

fair and speedy trial

what does the 6th amendment say, regarding the duration a trial should be?

magistrates

what kind of judge cannot make rulings on final outcomes or preside over felony trials?

the defendant

what are most state speedy trial laws meant to protect?

low pay

what is the primary reason for high turnover of prosecutors?

Gideon v. Wainwright

what landmark case established the right to counsel in court for indigent defendants

court clerk

which member of the courtroom is responsible for summoning potential jurors?

two

how many states currently use election by the LEGISLATURE to choose judges?

defendant

of these people, which is not a member of the courtroom workgroup? (prosecutor, defendant judge, district attorney)

the 6th amendment

which amendment provides the right to counsel?

70%

what percent of crimes do career criminals commit?

court administrator

which courtroom member is responsible for managing budget, staff, and facilitating integrity of the judicial process?

legitimacy

what does research say women as judges adds to the courtroom?

assigned, contract, and public defender

what are the 3 different ways of appointing counsel to indigent defendants?

there is no difference

of the three major ways to appoint counsel, what is the difference in success and outcomes?

vertical prosecution

used by small prosecutor offices, when one prosecutor is assigned responsibility for a case from intake to appeal

horizontal prosecutions

used in big-city prosecutior offices, prosecutors are assigned to specific functions, such as initial appearance, charging, preliminary hearing, grand jury, trial, or appeal

autonomy

prosecutorial management is centered around ____, where each individual assistant DA is granted a great deal of freedom to make his or her own decisions