Chapter 6 Flashcards

1
Q

What are the four types of prosecutors?

A
  1. ) US attorneys and their assistants
    2. ) State attorneys general (sometimes)
    3. ) District Attorneys (DAs) and their deputies
    - State and federal
    - Job to advise those of their rights
    4. ) City Attorney
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2
Q

New strategic focus means that prosecutors are concerned with:

A
  • Reducing crime

- Cooperation with others

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3
Q

What was the original reason for the creation of the juvenile court system?

A

Parents patriae (“state as parents”)

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4
Q

What is Parents patriae?

A

the court will serve as guardians of a juvenile if needed

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5
Q

Roper v. Simmons

A

The supreme court ruled that the death penalty is cruel and unusual punishment for

              anyone under the age of 18 

            -brain not fully developed until 24, especially under 18 since frontal lobe is not fully

            developed----- do not know fully what is wrong and how to execute self control
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6
Q

Boston’s operation ceasefire

A

Inform gang members through meetings with them

    - Method to reduce gun violence
    - response to an increase in gun violence
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7
Q

Richmond, Virginia’s Project Exile

A
  • three-pronged approach to gun violence
    - Results: 57% decline in gun homicide (1991-2004)
    - could have from other things as well
      - A response to increased gun homicide
      - public advertising
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8
Q

Texas Exile

A
  • Partnership and community outreach

- program taken from project Exile

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9
Q

Project Safe Neighborhoods

-5 elements

A

Purpose: Reduce gun violence through inter-agency partnerships

Increased communication between federal and state agencies

Five elements :

    1. ) Partnerships
    2. ) Strategic planning (hot spots, mapping)
    3. ) Training
    4. ) Outreach (to community, PSA)
    5. ) Accountability

Did reduce crime

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10
Q

Criminal notifications meetings came from what?

A

project safe neighborhoods

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11
Q

Community prosecution

A

Intended to improve cooperation and collaboration between prosecutors and individuals outside the CJ system

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12
Q

Neighborhood Prosecution Unit in San Diego, CA

A
  • hold weekly meetings with community to discuss ways of life issues
    - their to answer questions in community
    - Can use criminal law to addresses issues
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13
Q

Deferred Prosecution

A

Requires defendants to pleas guilty and then, upon completion of a diversion and/or treatment program, the plea will be removed from their record

Delaying criminal charges until the suspect completes some obligation

    - Diversion is Diff---- does not involve prosecutors decisions--- taken out of system completely
    - Would involve going to complete something (probation, treatment) and if completed then avoid criminal charges
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14
Q

Deferred Prosecution Critiques

A

Ethical gray areas

            - forcing yourself to plead guilty to avoid going to trial 
            - violation of 5th amendment
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15
Q

What is the effectiveness and an example of Deferred Prosecution?

A

Brooklyn’s Drug treatment Alternative to Prisons (DTAP) program

Effectiveness?

    lead to a large reduction in arrests and re-convictions--- less likely to relapse and return to prison or jail 

    - more likely to complete treatment 
    - more likely to be employed then before treatment 
    - cost effective (same cost as imprisonment)
    - decrease in long term expenses (relapse, rearrests)
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16
Q

Plea bargaining
What is it?
How does it effect the defendant?
Problems?

A

An agreement between the prosecutor and the defense attorney such that the defendant plead guilty in exchange for some concession

Essential to the operation of the CJ System

Help workers of the courtroom work group— only so many workers

Can help defendant

    - no acquittal 
    - No due process (trial by jury)

Undermines integrity of CJ system

    - No proof
    - No due process
    - Some people think it allows defendant to get away with crime (lesser punishment) 
    - pressure to admit to a crime even if you did not commit it--- go to trial and get convicted a much harsher sentence
            - wrongful convictions
17
Q

Attempts to limit plea bargaining

A
Outright bans
        -with a very limited use  
Cutoff dates/times 
        -72 hours after indictment 
Bans for certain offenses 
Jury Waivers
        -judge hear evidence and goes through trial---- no jury called 
Legislative
18
Q

AD HOC Plea bargaining

A

Strange concessions defendants agree to make
Examples:
Probation conditions
Unauthorized punishments

Punishments and charges dropped if you donate money — wont have to spend time in jail for drunk driving

No working in a certain occupation in exchange for no charges

Joining the military
Banishment
Rarely happens