Courts and Criminal Procedure Exam 2

With colonial private prosecutors, victims were required to do what?

prosecute their offenders

Who could private hire prosecuting attorneys in colonial amercia?

only the wealthy could hire, it was expensive.

Who were the colonial deputy attorney generals?

• mid 1700’s

• located in counties throughout a colony

• first public prosecutors

What did the New United States in 1989 do in federal?

Executive appointment of a US AG- prosecute federal crimes

What did the New United States in 1820’s do in states?

Amended their constitutions to allow for election of ;ocal (county) prosecutors - prosecute state crimes

Who is the United States AG, and what does he do?

Head of the DOJ- sets executive civil and criminal policy priorities consistant with the president’s policy priorities 

Who is the US AG appointed by and what does he represent?

appointed by the president and confirmed by the state

represents federal government in federal prosecution of federal crimes

Who are United STates Attorneys appointed by and what do they represent?

appointed by US president and confirmed by state

represents federal government in federal prosecution of federal crimes

How long of a term does a US attorney and a US AG serve and how can they be removed?

Generally a 4 year term, may be removed at will by president upon election of a new president

What do state prosecutors do?

prosecute state criminal offenses

serve a county or district

What authority cases do district attorneys prosecute?

Felony prosecution authority

What authority cases do county attorneys prosecute?

Misdemeanor prosecution authority

What authority cases do criminal district attorneys prosecute?

combined felony and misdemeanor authority

what is the term length of state prosecutors?

4 year term by partisan

What is the horizontal model of prosecution?

Multiple prosecutors handle a specific step of the case

1. intake

2. grand jury

3. trial

4. appeal

what is the vertical model of prosecution?

a single prosecutor handles every step a case takes from intake through appeal

What is a mixed model of prosecution?

Most common cases (drugs, thefts, burglaries) are handled in horizontal fashion to create efficiency

certain complex cases (SA’s, murders, human trafficking)

What is the main duty of a prosecutor?

not to convict, but to see justice served

What are non-prosecutorial duties that a prosecutor has?

Represents the government in civil legal matters such as: juvenile delinquency, child support government, victim assistance

What are some of duties of prosecutors in advising LE on invesigations?

help prepare search and arrest warrants

help develop witnesses

help strategize priorities and direction of investigation

What are factors of charging decisions?

sufficient evidence to support a conviction

seriousness of the case

culpability of the offender

What was Brady v Maryland?

prosecutor must turn over exculpatory evidence (tends to show the defendant is not guilty or such that would reduce punishment) and impeachment evidence (shows prosecutions witness is not credible)

What is Kyles v Whitley?

prosecutor is responsible for turning over exculpatory evidence that LE processes, but which the prosecutor is unaware  

What is courtroom workgroup?

the judge, prosecutor and the DA must behave and work within the laws and customs of the jurisdiction 

Why is it important to have DA’s ?

to equal playing field against the government

What are the rules of the DA in the CJ system?

Officers of the court- must adhere to significant ethical standards

cannot secret, tamper, or hide evidence

must not influence case outside of the court room 

What is a zealous advocate?

1. job is NOT to seek justice or the truth

2. Their job is to obtain the BEST result, even when they know their client is guilty 

What are the duties of a zealous advocate?"

challenge the reliability of the prosecutors evidence

no duty to present any testimony or evidence 

cross examination

calling witnesses with a different perspective of opposing testimony

present physical evidence

create confusion, indecisiveness

what was the right to counsel in english common law?

Originally accused was not allowed counsel in a prosecution

What did newly created states do?

put protections in their constitutions

What is court-appointed counsel?

interpreted the 6th amendment to mean that if you couldn’t afford a lawyer, the government must appoint one to you 

What are the limitations on the right to counsel?

No person may b ejailed or imprisioned for any offense unless the person is represented at trial