CJ 2700 CHAPTER 10

accusatory process

the series of events from the arrest of a suspect to the filing of a formal charge with a court (through an indictment or information).

assigned counsel

an attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government with jurisdiction over the case.

community prosecution

an approach to advance effective prosecution and crime prevention by placing prosecutors in close contact with citizens and neighborhood groups in an effort to identify and solve problems while enhancing cooperation between the community and the prosecutor’s office.

contract counsel

an attorney in private practice who contracts w/ the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.

counts

each separate offense of which a person is accused in an indictment or an information.

defense attorney

the lawyer who represents accused or convicted offenders in their dealings with criminal justice officials.

discovery

a prosecutor’s pretrial disclosure, to the defense, of facts and evidence to be introduced at trial.

legal sufficiency

• the presence of the minimum legal elements necessary for prosecution of a case

• when a prosecutor uses legal sufficiency as the customary criterion for prosecuting cases, a great many are accepted for prosecution, but the majority of them are disposed of by plea bargaining or dismissal.

nolle prosequi

an entry made by a prosecutor on the record of a case and announced in court to indicate that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

prosecuting attorney

a legal representative of the state with sole responsibility for bringing criminal charges; in some states referred to as district attorney, state’s attorney, or county attorney.

public defender

an attorney employed on a full-time, salaried basis by the government to represent indigents.

state attorney general

a state’s chief legal officer, usually responsible for both civil and criminal matters.

system efficiency

• policy of the prosecutor’s office that encourages speedy and early disposition of cases in response to caseload pressures

• weak cases are screened out at intake, and other nontrial alternatives are used as a primary means of disposition.

trial sufficiency

• the presence of sufficient legal elements to ensure successful prosecution of a case.

• when a prosecutor uses trial sufficiency as the customary criterion for prosecuting cases, only cases that seem certain to result in conviction at trial are accepted for prosecution.

• Use of plea bargaining is minimal; good police work, and court capacity to go to trial are required.

United States attorneys

officials responsible for the prosecution of crimes that violate the laws of the United States; appointed by the president and assigned to a U.S district court jurisdiction.