The Prosecution, Defense, and Pretrial Activities

These flashcards cover key concepts related to the roles and responsibilities of prosecutors and defense attorneys, the legal system, and notable historical figures in the U.S. legal framework.

What is the main role of a prosecutor in the courtroom?

To represent the government and present the state's case in criminal, civil, and administrative matters.

Who does the prosecutor actually represent in a criminal case?

The people of the State.

What is the adversarial system?

A legal system wherein prosecutors and defendants compete against each other to reveal the truth.

What is the primary responsibility of a defense attorney?

To protect the constitutional rights of the defendant.

What model do criminal attorneys operate under?

An advocacy model.

What discretion do prosecutors hold?

The power to decide who will be charged, what charges to file, and whether to engage in plea bargaining.

What is a plea bargain?

An agreement in which a defendant pleads guilty to a lesser charge in exchange for a reduced sentence.

How are U.S. attorneys appointed?

By the president.

What is prosecutorial discretion?

The prosecutor's authority to decide whether to bring criminal charges or how to handle a case.

What does the term nolle prosequi mean?

To voluntarily discontinue a legal action.

What is discovery in legal terms?

The process through which the defense learns about evidence held by the prosecution.

What landmark case established the requirement for prosecutors to disclose exculpatory evidence?

Brady v. Maryland.

What is the role of jurors in the courtroom?

To listen to the evidence presented and determine the truth of the case being tried.

Who was the first female U.S. attorney general?

Janet Reno.

What is pro bono representation?

Legal representation provided at no charge or a reduced fee.

What are some factors influencing a prosecutor's decision to file charges?

Quality of evidence, seriousness of crime, odds of winning the case, and public opinion.

What is the significance of the U.S. attorney general?

The chief law enforcement officer in the government and head of the Department of Justice.

What is the main goal of defense attorneys in the criminal justice system?

To ensure that the prosecution proves its case beyond a reasonable doubt.

What percentage of cases filed by U.S. attorneys in 2018 involved immigration or drugs?

Almost 60%.

Who holds the ultimate responsibility for prosecuting criminal cases at the federal level?

U.S. attorneys.