Court systems exam 2

prosecutor

state/government representative to criminal court process

district attorneys

work high profile cases

Assistant Prosecuting Attorneys

day to day work

Charging Decisions

1. seriousness and nature of the offenses

2. offenders culpability 

3. likelihood of obtaining conviction at trial

4. almost limitless discretion

Plea Bargaining

Approximately 95% of cases plead guilty

Exculpatory Evidence

evidence favorable to the defendant

Brady v. Maryland

must disclose material evidence has reasonable chance to change results

Defense Attorneys

represents the defendant/accused not responsible for proving guilt

Public Defenders

represent indigent defendants

Gideon v. Wainwright

ethical obligation to zealously defend a client regardless of guilt

Faretta v. California

represented himself without knowing court procedures was given a lawyer

Pro Se

representing oneself in court

U.S. v. Gonzalez-Lopez

denied to pick his lawyer

Strickland v. Washington

pleaded guilty to murder but lawyer did nothing to refute that he murdered someone

Judicial Independence

ensuring that judges are free to decide cases fairly and impartially without consideration of public,political,financial pressures

Judicial Accountability

involves the ability of an entity to remove or discipline judges who dont perform their jobs appropriately 

Decisional Accountability

holding judges accountable for judicial rulings must be based on law and precedent

Federal Judicial Selection

elections or appointed by presidents

State Judicial Selection

elected and appointed by governor

Defendants

those being charged

Exclusionary Rule

 any evidence obtained in violation of the 4th amendment is not admissible at trial 

Mapp v. Ohio

illegal obtained evidence and used it in court to convict mapp

Confrontation Clause

defendants have right to confront witnesses

Compulsory Process Clause

means they can compel individuals to appear and testify as witnesses

Subpoena

court order requiring appearance in court/trial

Cross Examination

gives defendants ability to challenge testimony against them 

Hearsay

out of court statements made by witnesses who are not testifying at trial 

Speedy Trial

does not have a specific amount of time but has some standards

Right to Testify

allowed to testify in trial or not cannot be held against them if they dont

Defendant Presence at Trial

do not have an absolute right to be present

Jury Instructions

judge explains general info on burden of proof, reasonable doubt ,presumption of innocence and right not to testify the specific elements of a crime and any affirmitive defenses

Right to Trial by Jury

not always the case depends on case 6th amendment gives this right 

Unanimous Verdict

no constitutional requirement but is the norm

Ramos v. Louisiana

Supreme court ruled unanimous in all felony cases

Jury Size

typically 12 minimum 6

Venire

a juror panel where people are chosen to sit in trial

voir dire

potential jurors are questioned under oath

Challenges for Cause

believe potential juror to be biased and cannot be fair/impartial judge approves this or denies request umlimited # of these

Peremptory Challenges

limited # each side has to remove potential jurors without reason

Jury Nullification

occurs when a jury based on its sense of justice and fairness refuses to abide by the law and convict defendant

Prosecutorial Duties

1. assisting law enforcement

2. screening of cases and making charging decisions 

3. plea bargaining 

4. disclosure of evidence 

Challenges Faced by Crime Victims

lack of input on decisions, lack of information about case, pre trial/trail revictimization and invasion of privacy and logistical and financial obstacles

Indigent Defense Systems

assigned counsel programs, contract attorney programs, fixed priced program, fixed fee per case contract

Reforms to the Jury System

allowed to take notes, allow jurors to question witnesses, providing written copies of juror instructions to each juror, provide a trial notebook with names ad photos of witnesses and copies of key evidence/documents

Roles & Duties of Judges pre arrest

search and arrest warrants reviewed by and signed by judges

Roles & Duties of Judges post arrest and pre-trail roles

judges oversee initial appearances and inform defendant of charges bail and bond decisions

Roles & Duties of Judges at trail

preside over jury trials rule on admissibility of evidence objections and instruct jury judges have duty to consider sufficient evidence