Chapter 10 Flashcards
What stages do prosecutors have influence on in the criminal justice
system?
Prosecutors have influence on all stages in the criminal justice system, from when the offender is arrested to the final disposition of the case.
What do prosecutors make decisions on and what do they influence?
Prosecutors make decisions on whether charges should be followed, what charges to press, if a case is even worth prosecuting, while also having power over plea bargaining, bail amounts, and urge the judge to impose a particular sentence and approve agreements with the defendant.
Are you allowed to hide evidence as a prosecutor and not show the defense?
As a prosecutor you are not allowed to hide evidence from the defense. You MUST present all evidence that you find to the defense even if it could prove the defendant innocent.
Are most public defense attorney’s highly qualified and motivated?
Most public defense attorney’s are not highly qualified and motivated because they are extremely overworked and underpaid. They are also given very little resources as they are constantly given new cases and don’t have the time or money to properly prepare cases.
Do most defense attorney’s spend most of their time in court?
No, they spend most of their time, plea bargaining, attempting to get a dismissal, and ensuring the prosecutor is protecting the defendants rights and is following all of the laws and procedures.
Are most criminal defense lawyers rich?
No, most criminal defense lawyers are not rich, most are in fact severely underpaid and may go weeks without a paycheck due to budget cuts.
Are most convicted offenders spending time in state prisons, indigent, and have they received the help of a public defense attorney?
Yes, most convicted offenders spending time in state prisons are indigent and received the help of a public defense attorney
Do clients of public defenders typically trust the public defenders even though they are being paid by the state?(attitude of the client)
No, because the clients feel that being paid by the state means that the public defender won’t be putting their best effort into their case and will have no reason to protect the defendant’s rights and interests; the client won’t cooperate or trust the defender.
Are most cases handled by criminal lawyers processed quickly for small amounts of money?
Yes, as some may get paid more if they get guilty pleas during plea bargaining-they can do more cases-than if they took it to court and spent weeks preparing.
What is the job of a prosecutor?
be a representative of the government-either on a federal or state level-whose responsibility is to bring about criminal charges against the defendant in their jurisdiction
What is the most common method for selecting the job of a county prosecutor?
The most common method for selecting the job of a county prosecutor is through a partisan election.
What best describes the discretion given to a prosecutor?
broad discretion and can shape their decision to fit the interests of different people, whether it be voters, political parties, personal values, or pleasing local judges. However, they still have to follow the guidelines given to them so that they don’t over step with their discretion
After deciding that a case should be filed against an offender what is the next step the prosecutor must determine?
The next step prosecutors must determine what charges should be filed against the offender, this includes how many counts should be added for the crime or crimes committed.
What is meant by discovery?
When it says discovery it means a prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial.
what is a defense attorney?
A defense attorney is an attorney who represents the accused or convicted offenders when they are working with the criminal justice system.
Know what a public defender does
A public defender is a full time, government paid employee who represents an indigent defendant throughout the process of their case.
the job of a US attorney
The job of a US attorney is to prosecute any crimes that violate the laws of the United States; these are mostly drug and white collar crimes.
A federal prosecutor, how does one get that job?
To become a federal prosecutor the president of the United States must appoint them they will serve as part of the Department of Justice
What percent of cases do public defenders handle?
82% of indigent criminal
cases
Due process model
defense attorneys advocate strongly for their clients.
Who do prosecutors support?
The victims
How many federal supreme courts are there?
One
How many U.S. district courts are there?
94
How many county level offices are there?
2,341
System efficiency model
aims at speedy and early dispositions of cases; these cases are evaluated in light of the current caseload pressures. To close cases quickly, prosecutors might charge the defendant with a felony but agree to reduce the charges to a misdemeanor in exchange for a guilty plea. This model is used when the court is backlogged and the prosecutor has limited resources according to Joan jacoby’s research.
Criminal Control model
This emphasizes the standard and expeditious processing of defendant’s through the court system and the uniform punishment of offenders according to the severity of their crimes.
Strickland vs Washington
In Florida, David Washington plead guilty to murder; the trial court found him guilty sentencing him to death as there was no mitigating circumstances to change it. It was found at sentencing that his attorney didn’t seek character witnesses or request a psychiatric evaluation, so
Washington sought habeas corpus relief in Florida federal district courts after trying in state courts. His argument was that his 6th amendment right was violated as he had ineffective counsel
during sentencing, his petition was denied. When he appealed to The U.S.
Fifth Circuit Court of Appeals they reversed this saying the 6th amendment gave defendants the right to reasonably effective counsel given circumstances of the case. The Supreme Court ruled in an
8-1 decision that the standards to be applied to determine whether a convicted person’s right to counsel was violated and would require the reversal of conviction or set aside a death sentence. If the counsel’s performance is deficient and the performance was prejudice depriving the defense of a fair trial. The defendant must prove there is reasonable probability that without the counsels errors the result would have been different and fell below the standard of reasonableness. Court found that Washington’s counsel was not unreasonable, and even if it had been unreasonable the counsel’s conduct didn’t cause sufficient prejudice to warrant setting aside Washington’s death sentence.
