Criminal Courts and Law -- Exam 2

The person must be appointed by the President with the advice and consent of the Senate

What is the process for an individual to become a federal judge?

Justice Department, interest groups, and the American Bar Association

What other parties are involved with the process of becoming a federal judge?

116

How many justices have served on the Supreme Court?

Six (less than 5.3%)

How many of those justices have been female?

For life or until they decide to retire or step down for other reasons

For how long (period of time) are federal judges appointed to a post?

Misconduct

Why might a federal judge be removed from office?

1. the House Judiciary Committee deliberates over whether to initiate an impeachment inquiry

2. the Judiciary Committee adopts a resolution seeking authority from the entire House of Representatives to conduct an inquiry

3. conduct an impeachment inquiry, possibly through public hearings

4. the House of Representatives considers and debates the articles of impeachment

5. the Senate holds trial on the articles of impeachment approved by the House

6. as the conclusion of the trial, the Senate votes on whether to remove the judge from office

What are the steps for the process of being removed as a federal judge in office?

There are none

What are the formal qualifications to become a federal judge?

Professional competence, political qualifications, political connections, self-selection, and “crapshoot component”

What are the informal qualifications to become a federal judge?

Elections, merit selections, or by being appointed by state governors

What are the possible ways that an individual may become a state judge?

1. integrity

2. legal knowledge and ability

3. professional experience

4. judicial temperament

5. diligence

6. good health

7. financial responsibility

8. public service

What are the good qualities of a judge according to the American Bar Association (ABA)?

recusal

when a judge removes themselves from a legal case

Conflict of interest or lack of objectivity

Why might a judge recuse themself from a case?

1. Decisions that must be limited to an actual controversy

2. Laws that are overturned (must be overturned on the narrowest grounds)

What are the limitations on the types of cases a judge can hear?

Treat all parties in a case fairly and equally, without bias or prejudice

What does it mean for a judge to be impartial?

The Fourteenth Amendment and a judge should not come to their decisions based on prejudice against a party

Why is impartiality important?

prosecutor

an attorney whose formal duty is to manage criminal proceedings on account of the state or the people against those accused of having committed criminal offenses

Charging criminal suspects under the government

What role do prosecutors serve?

Attorney general

Which position serves as the head of the Department of Justice and is the chief law enforcement officer of the federal government?

Pam Bondi

Who currently fills the attorney general position?

U.S. attorney

selected by the president and serving under the direction of the U.S. attorney general to oversee the attorneys and staff of the U.S. Attorney’s Office in each of the federal judicial districts

93

How many U.S. attorneys are there?

Direct and run government action in the U.S. Supreme Court, resolve the cases in which Supreme Court review will be looked for by the government and the positions the government will take before the Court, govern the orchestration of the government’s Supreme Court briefs, petitions, and other legal documents, and supervise nuncupative arguments before the Supreme Court

What does the solicitor general do?

Sarah M. Harris

Who is currently serving as solicitor general (since January 20th)?

chief legal officer for a state

The attorney general also acts as the __________________?

Todd Rokita

Who serves as the chief legal officer in Indiana currently?

Gideon v. Wainwright

Which Supreme Court case extended the right to an attorney in (most) criminal matters to individuals who could not afford an attorney as a requirement for the states to follow?

Miranda v. Arizona

Which Supreme Court case ensured that defendants have the right to legal counsel during interrogation by law enforcement?

prosecutorial discretion

a prosecutor makes a decision to submit a charging document to a court, or may seek a grand jury indictment, or can decline a prosecution

1. charges to bring against a defendant are the strength of the evidence

1. the defendant’s prior history

2. the relationship between the defendant and the victim

What are some examples of legal factors a prosecutor may consider in deciding what charges (if any) to bring against a defendant?

1. charges to bring against the defendant are limited prosecution resources

2. a desire to win

3. the victim or offender’s race

What are some examples of non-legal factors a prosecutor may consider in deciding what charges (if any) to bring against a defendant?

diversion

a casual or algorithmic method of conducting an offender out of the criminal justice system

deferred prosecution

putting off the actual in-court prosecution of an offender until the offender completes treatment or some other program

deferred sentencing

putting off sentencing instead of charges

Providing enough information for the defendant’s situation in case it goes to trial, becoming familiar with how court works and the procedures, and immersing themselves in the case

What are some of the key responsibilities of a defense attorney?

1.1 million

According to ABA statistics, approximately how many attorneys are there in the United States?

13,000 locally; 35,000 interantionally

How many attorneys belong to the National Association of Criminal Defense Lawyers?

privately retained counsel

certain amount paid to the defense attorney

assigned counsel

lawyers being appointed by a list of private bar members

public defender

a counsel that is appointed from a salaried staff

1913; Los Angeles

When and where did the first public defender program in the United States open?

About the same

According to data, how do conviction rates of defendants who pay for private counsel compare to conviction rates of indigent defendants?

a. less likely to be incarcerated

b. if incarcerated, served average longer lengths

According to data, how do incarceration rates of denfendants who pay for private counsel compare to incarceration rates of indigent defendants?

Shorter for those with publicly financed attorneys than those who hired counsel

According to data, how do sentence lengths of defendants who pay for private counsel compare to sentence lengths of indigent defendants?

1908

When was the ABA’s Model Code of Professional Responsibility adopted?

1. preparing their cases thoroughly and to protect their client’s rights

2. carefully investigating the situation of the case

3. regularly communicate with their client

What are the essential elements of competent representation by a defense attorney?

1. confidential confession

2. client perjury

3. defense receipt of physical evidence

4. probelms with defendant’s prior record

What are the types of ethical dilemmas a defense attorney may encounter?

a. the right to indictment by a grand jury in felony cases

b. protection from compelled self-incrimination

c. the right to due process

d. protection from double jeopardy

What are the rights provided to the accused protected by the Fifth Amendment?

a. the right to a public, fair, speedy trial by an impartial jury

b. the right to legal counsel

c. the right to be informed of charges and confront witnesses

d. the right to compulsory process

What are the rights provided to the accused protected by the Sixth Amendment?

Representation is not guaranteed

Are defendants guaranteed legal counsel in all criminal cases?

When they face non-petty charges (charges that could result in at least six months of incarceration)

When is an indigent defendant eligible for counsel provided by the state?

a. deficient performance

b. prejudice

For a successful claim of ineffective assistance of counsel, defendants must demonstrate proof of what two things?

deficient performance

counsel for provided legal representation marred by serious errors

prejudice

the deficient performance negatively impacted the right to a fair trial

Yes

Can a criminal defendant choose to represent themself at trial?

They must be competent

Are there any limitations to a defendant representing themself at trial?

pro se defendants

What do we call a defendant that represents themself?

The defendant must be able to understand the proceedings and to communicate with their counsel (if not representing themself)

What does it mean that a defendant must be competent to stand trial?

Dusky v. United States (1960)

Which Supreme Court case governs the test for a defendant’s competency?

cross examination

when a party questions a witness they did not call as a witness

direct examination

occurs when a party questions a witness they did call as a witness

hearsay

an out-of-court statement offered as proof of the truth of the matter asserted

Yes

Are there exceptions that might allow for hearsay to be allowed in a trial?

1. former testimony under oath

2. business records

3. public records

4. excited utterances

5. dying declarations

Examples of exceptions that might allow hearsay to be allowed in a trial?

To use the subpoena process to call witnesses and seek documents or evidence useful to their defense

What does it mean that a defendant has the right to compulsory process?

The sanity of the defendant is in question

When do indigent defendants have a right to an expert witness provided by the state?

1. always wanted to know her whereabouts

2. always had to be together

3. carried a gun

4. Amy was distressed when he showed up to her work

5. Destroyed things in the house

6. Alcohol abuse

7. Threats

8. Marks on her arms and face

9. Isolation

10. Control

What were some warning signs that individuals observed (or could have observed) about Amy’s victimization?

Abuse Awareness and Accountability, Albion, and Holly’s House

Three organizations that offer victim-related services

1. crime must take place in the state of Indiana

2. resulted in bodily injuries or death

3. the victim provided a minimum of $100 out-of-pocket expenses

4. occurred in the last two years

5. reported to the police within 72 hours

6. victim was cooperative

What are the eligibility rules to apply for compensation?

1. victims of a violent crime

2. survivor close to the person that was killed by the violent crime

3. a person that was killed or injured by preventing a violent crime

4. family member who paid for the victim’s funeral

5. a child that witnessed the violent crime

Who can apply for compensation?

Yes

If a victim of sexual assault does not wish to have law enforcement involvement, are they still eligible?

Forensic exam

What is the requirement for a victim of sexual assualt who does not wish to have law enforcement involved to be eligible?

1. $15,000 to help cover expenses that resulted in the violent crime

2. medical expenses that occurred within the last two years

3. $5,000 for funeral or burial costs

What are three types of costs that are eligible for compensation?

1. bills

2. collection steps against that person

3. out-of-pocket expenses

What are three types of costs that are not eligible for compensation?