Chapter 11- Prosecutors, Grand Jury, and Defense Attorney

prosecutors

represent the state in criminal cases; decide whether to file charges and what charges to bring

US attorney general

appointed by the president and confirmed by the senate; serves as the nation’s top legal advisor, not a trial prosecutor

US attorney

one per federal district court; prosecutes federal crimes and has broad discretion once appointed

state attorney general

elected statewide; acts mainly as a legal consultant, with limited control over local prosecutors

district prosecutor

elected at the county level; manages local consultant, with limited control over local prosecutors

assistant prosecutor

hired by the district prosecutor; handles minor cases or early stages of major cases

prosecutorial discretion

the power to decide whether to prosecute, what charges to file, and whether to accept plea deals

reasons not to prosecute

lack of evidence, weak case, victim’s request, missing witnesses, or saving resrources

grand jury

a panel of citizens who decide if enough evidence exists to bring criminal charges (indictment)

indictment (true bill)

a formal accusation from a jrand jury charging someone with a crime

grand jury features

secret hearings; only the prosecutor presents evidence; the defendant usually does not testify

subpoena

a court order requiring a person to testify (ad testificandum) or produce evidence (duces tecum)

defense attorney

protects the defendant’s legal rights, ensures fair trial, and challanges the prosecution’s case

public defender

court-appointed lawyer for defendants who cannot afford private counsel

problem with public defense

underfunded and understaffed; too mnay cases per lawyer, leading to unfair outcomes

sixth amendment

guarantees the right to legal counsel in criminal prosecutions

miranda rights (fifth amendment)

protects the right to remain silent and have an attorney during police interrogation

effective counsel

a lawyer mut provide competent representation; poor performance must cause unfair trial to be ‘ineffective’

McCoy v. Louisiana (2018)

the defendant- no the layer- controls decisions like pleading guilty or testifying

pro se defense

when a defendant chooses to represent themselves; must be voluntary and informed

courtroom workgroup

the cooperation among judges, prosecutors, and defense attorneys to efficiently resolve cases