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17 Cards in this Set
- Front
- Back
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DA requirements
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Elected every 4 years
Runs in a District Term limited Appointed by the Governor in a vacancy |
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What does DA's office do?
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Prosecute crime
Felony, misdo, traffic, Petty offenses Appeals Forfeitures Advise police |
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Mission of the prosecutor |
Supreme Court Community Victims Defense Counsel Voters What do you think? |
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Mission of Defense Attorney / Public Defender |
Zealously protect their clients interest Insure that the cops do it right or pay a price Insure the Constitution is respected |
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How many DA's are there? |
22 Districts 1-7 Counties Metro to Rural Budgets from .5 to 18 million 10 to 200 employee offices |
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What else does your DA's office do? |
Prevention efforts Juveniles Diversion Liasions with PD's Training for police |
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Getting them to court |
Citation Summons Arrest |
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General Rule |
Only file cases that have a reasonable likelihood for conviction |
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Order of appearances |
First Appearance: Preliminary hearing (probable cause determination) or Disposition (plea deal, straight to sentencing) Arraignment Motions Hearing Voire Dire Opening Statements Cross examinations Closing Statements Sentencing |
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Preliminary Hearing |
Proof evident, presumption great = holding without bond |
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Arraignment |
Enter a plea (not guilty, not guilty by insanity, guilty, nolo contender) Once plea is entered, clock starts for speedy trial (six months) |
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Motions Hearings |
Motion to suppress evidence etc. Defense can file as many motions as they want |
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Voir Dire "to speak the truth" |
Jury selection, prosecutor and defense question jurors |
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Opening Statements |
Not presenting actual evidence, can cause mistrial |
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People's Case in Chief |
Examination of witnesses Introduction of Evidence Proof of the elements Defense Cross Examination |
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Curtis Advisement |
Rights of a defendant to testify |
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Rule 35(c) |
Trial counsel was ineffective, ADC (Alternate Defense Counsel) is assigned to muck up the system with perpetual appeals |
