CJ CHP10
At what point in the criminal justice process do prosecutors have influence?-Prosecutors have influence from the point of investigation (working with law enforcement) through trial, plea bargaining, and sentencing, as they decide whether to file charges, what charges to bring, and how to proceed with a case.
Is it legal for prosecutors to hide evidence from the defense attorney?-It is illegal for prosecutors to hide evidence from the defense. Under the Brady rule, they are required to disclose any exculpatory evidence that may be favorable to the defendant.
Is it that most public defenders are qualified and highly motivated?- While most public defenders are qualified and dedicated, they often face overwhelming caseloads that can impact the quality of their defense.
Do most public defenders spend most of their time in court?-Public defenders often spend a significant amount of their time in court, handling hearings, trials, and other judicial proceedings.
If criminal defense attornies are wealthy do they spend time with celebrities?-Wealthy criminal defense attorneys may have high-profile clients, including celebrities, but this depends on their specialty and client base.
Are the majority of convicted offenders in state prisons indigent? Do they receive publically provided defense attorneys?- Yes, the majority of convicted offenders in state prisons are indigent and receive publicly provided defense attorneys if they cannot afford private counsel.
Are the majority of convicted offenders in state prisons indigent? Do they receive publically provided defense attorneys?- Public defenders can struggle with gaining defendants’ trust because they are paid by the state, leading some defendants to question their loyalty or competence.
Are most cases handled by criminal lawyers who must process many cases for a small payload?- Many criminal lawyers handle large caseloads for relatively low compensation, particularly public defenders who manage numerous clients simultaneously.
Prosecutors represent accused or convicted offenders in their dealings with criminal justice officials?-Prosecutors represent the state or government, not the accused or convicted offenders, and they work to prosecute criminal cases.
What is the most common selection method for the county prosecutor job?-The most common selection method for county prosecutors is through popular election, though some may be appointed.
How might public opinion affect a prosecutor's choice to select a case?- Public opinion can influence a prosecutor’s decision to take or drop a case, especially in high-profile or politically sensitive situations.
What type of discretion does a prosecutor have?-Prosecutors have broad discretion in deciding which cases to pursue, what charges to file, and how to negotiate plea deals.
After deciding whether a case should be filed against an offender, the prosecutor's next steps are to determine what?-After filing a case, the prosecutor decides how to prepare for trial, including gathering evidence and determining witness lists.
What is it called when a prosecutor decides to drop a case?- When a prosecutor decides to drop a case, it is called a “nolle prosequi.”
What is discovery? Discovery is the legal process by which both parties in a case exchange evidence and information before trial to ensure a fair legal process.
How many federal districts are there in the US?-94
Gideon vs Wainright- The Supreme Court ruled that the Sixth Amendment guarantees the right to legal counsel for all defendants in criminal cases, regardless of their ability to pay. States are required to provide attorneys to indigent defendants facing felony charges.
Strickland vs Washington- The Court set a standard for determining ineffective assistance of counsel. To prove this, a defendant must show that their lawyer’s performance was deficient and that the deficiency prejudiced the defense, impacting the trial’s outcome.
Powell vs Alabama- In this case, the Supreme Court ruled that in capital cases, defendants must be given access to counsel, and failure to provide adequate legal representation violates the Due Process Clause of the Fourteenth Amendment. It established the right to counsel in special circumstances, particularly for indigent defendants.
Miranda vs Arizona- This case established the “Miranda rights,” which require law enforcement to inform suspects of their right to remain silent and their right to an attorney during interrogations, as protections under the Fifth and Sixth Amendments.
accusatory process (p. 447)-The series of events following the arrest of a suspect
assigned counsel (p. 457)-“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.”(Cole 457)
community prosecution (p. 444)-The method of prosecution involves placing prosecutors in close contact with citizens and neighborhood groups to identify and solve problems.
contract counsel (p. 457)-“An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.”(Cole 457)
counts (p. 437)-Each separate offense of which a person is charged with or accused of
defense attorney (p. 449)-The lawyer who represents the defendant(s) or accused
discovery (p. 437)-A prosecutors pre trial disclosure to the defense of facts and evidence that were obtained during investigations.
legal sufficiency (p. 446)-The minimum legal elements that are necessary for the prosecution of a case.
nolle prosequi (p. 437)-No prosecution, used by a prosecutor to indicate charges will not be prosecuted and will be dismissed
prosecuting attorney (p. 428)-The lawyer who represents the state in a case, they bring forth criminal charges.
public defender (p. 457)-An attorney employed by the government to represent indigent defendants.
state attorney general (p. 428)-A state legal chief
system efficiency (p. 447)-The policy of the prosecutors' office encourages speedy and early disposition of cases in response to caseload. Weak cases are screened out at intake.
trial sufficiency (p. 447)-The presence of sufficient legal elements to ensure successful prosecution of a case. When a prosecutor uses trial sufficiency they only take cases that will almost certainly end in conviction.
United States attorneys (p. 428)-Officials are responsible for the prosecution of crimes that violate the laws of the United States.
Due Process- Fair treatment in the judicial system that includes, advance notice of charges, a neutral and unbiased court, and an opportunity to defend themselves in court.
Who represents state, federal, and municipal courts?- State judges, District attorneys, and Public defenders. Federal Judges, US attorneys, and Federal defense attorneys. Municipal judges, city prosecutors, public defenders.