Prosecution And Adjudication Exam 2

Front 1

the judge's bench

Back 1

judicial clerk
stenographer

Front 2

courthouse security

Back 2

access
circulation paths

Front 3

law clerk

Back 3

performs legal research for the judge

Front 4

clerk of court

Back 4

record keeper
responsible for jury selection

Front 5

court reporter

Back 5

makes verbatim transcript of proceedings

Front 6

secretary

Back 6

handles routine work of judge's office

Front 7

bail agent

Back 7

secures pretrial release of defendants for a fee

Front 8

child advocate

Back 8

person who speaks up for child's best interest

Front 9

managers behind the scenes of the courthouse

Back 9

clerk of court
chief justice
court administrators

Front 10

assembly line justice

Back 10

moving cases through the system fast such as DUI cause everyone knows what is gonna happen before it does

Front 11

assembly line justice strengths

Back 11

enormous caseload
task specialization
group processing
specific sentences

Front 12

assembly line justice weaknesses

Back 12

plea bargaining
routine administration
no difference between courts

Front 13

3 types of discretion

Back 13

legal judgements
policy priorities
personal philosophies

Front 14

legal judgements

Back 14

formal decision made by a court following a lawsuit

Front 15

policy priorities

Back 15

the most important idea or plan that are used by an organization or government as a basis for making decisions

Front 16

courtroom workgroup

Back 16

prosecutor, defense and judge
mutual interdependence
shared decision making
normal crimes
socialization
rewards and sanctions
variability in courtroom work groups

Front 17

problem of delay

Back 17

a problem in some jurisdictions but not in others
victims forget

Front 18

benchmark of delay

Back 18

1 year in felony cases

Front 19

consequences of delay

Back 19

right to speedy trial
societies need for speedy conviction
erodes public confidence

Front 20

law on the books approach to court delay

Back 20

focus on resources and procedures
speedy-trial laws
limits of speedy-trial laws

Front 21

law in action approach to court delay

Back 21

seek to alter practitioners' attitudes regarding proper case disposition times
case scheduling
coordination
variability in courtroom work groups

Front 22

legal ethics

Back 22

model rules of professional conduct and state codes
ethics differ from morals
often required to choose between a group negative alternatives

Front 23

two major characteristics of the prosecutor

Back 23

broad discretion
decentralized

Front 24

broad discretion

Back 24

most powerful official in the courtroom
executive branch
officer of the court
do what they wants as long as its in the office

Front 25

decentralized

Back 25

separate state and federal prosecutors
more than 8,000 prosecutor offices in the US
each office controls what they want to do. every county for themselves

Front 26

role of prosecutor in crime

Back 26

must enforce all laws to the fullest
the impossible legal mandate means that priorities must be established.
what crimes they may not prosecute

Front 27

role of prosecutor in arrest

Back 27

little involvement
in major crimes may advise the police whether sufficient evidence of probable cause exists to arrest

Front 28

role of prosecutor in initial appearance

Back 28

represents the government
manages the chaos in the lower court, where there are many cases and little is known about the crime or the defendant

Front 29

role of prosecutor in bail

Back 29

can make a bail recommendation to the judge
typically recommends a high bail amount to the judge

Front 30

role of prosecutor in charging

Back 30

exclusive domain
often decides which defendants will be charged with what crime

Front 31

prosecutions in federal courts

Back 31

US department of justice
US attorney general

Front 32

3 important entities in prosecution in federal court

Back 32

solicitor general
criminal division of the justice department
US attorneys

Front 33

solicitor general

Back 33

3rd ranking official in DOJ
represent US in the supreme court
sometimes call the 10th justice
coordinates appeals by the federal government

Front 34

criminal division of the justice department

Back 34

sets criminal law enforcement policies throughout the US
prosecute nationally significant cases

Front 35

US attorneys

Back 35

appointed by president with advice and consent of the senate
1 per judicial district
prosecution of criminal cases brought by the federal government
initiation and defense of civil cases in which the US is a party
collection of certain debts owed the federal governemt
have been delegated full discretion

Front 36

prosecution in state courts

Back 36

decentralized and local autonomy characteristics
state attorney general
chief prosecutor
local prosecutor

Front 37

state attorney generals

Back 37

state's chief legal officer
focused on civil responsibilities
limited control over criminal matters

Front 38

chief prosecutor

Back 38

enjoy unmatched independence and discretionary powers
chief law enforcement officer in a community
usually elected
very political

Front 39

local prosecutor (city attorneys/ solicitors)

Back 39

little research has been conducted on these offices
responsible for preliminary hearings in lower courts
large volume of minor cases in lower courts

Front 40

life of a prosecutor

Back 40

hired out of law school
high turnover (average 3 to 6 years)
low salary
high stress
training typically on-the-job

Front 41

promotions and office structure

Back 41

vertical prosecution- assigned a case from start to finish
horizontal prosecution- assigned specific functions and courts
specialized prosecution- highly specialized prosecutors

Front 42

prosecutorial ethics

Back 42

client of the prosecutor is the government
enjoy a great deal of legal immunity
disclosure of evidence
conflict of interest
discretion
capital punishment
how much info to release to the public

Front 43

Duke Lacrosse Case

Back 43

http://www.youtube.com/watch?v=3gh8oGF4iXQ

Front 44

prosecutors within courtroom workgroups

Back 44

most important member
some work closely with law enforcement
some emphasize role as officers of the court

Front 45

office conservator

Back 45

accept the status quo

Front 46

courthouse insurgents

Back 46

prepared to do battle against status quo

Front 47

policy reformers

Back 47

cautiously change status quo

Front 48

expanding domain of the prosecutor

Back 48

improving police-prosecutor relationships
inadequate police reports
improve communication
crime prevention
small geographic areas
cooperative efforts

Front 49

gideon v wainwright 1963

Back 49

indigent defendants have the right to court appointed counsel
applies in felony criminal proceedings
decision sent shock waves through the criminal justice system

Front 50

right to counsel extended to juveniles

Back 50

in re gault 1967

Front 51

right to counsel in non-felony prosecutions

Back 51

argersinger v hamlin 1972
scott v illinois 1979

Front 52

critical stages test

Back 52

where substantial rights of the defendant may be affected
mempa v rhay 1967

Front 53

once adversary proceedings have begun

Back 53

brewer v williams
rothgery v gillespie county 2008

Front 54

custodial interrogations

Back 54

miranda v arizona 1966

Front 55

police lineups

Back 55

US v Wade
Kirby v Illinois

Front 56

ineffective assistance of counsel

Back 56

objective standard of reasonableness
Strickland V. Washington 1984
did counsel's conduct undermine the proper function of the process?
did it rend

Front 57

self-representation

Back 57

defendants have a 6th amendment right to self-representation
known as "pro se"
faretta v. california 1975
limits- must show judge the ability to conduct the trial

Front 58

defense attorneys and the courtroom workgroup

Back 58

access to police reports, witnesses...
poor scheduling, dragging out of trials...
criticism, lack of assignment of some cases...
tougher plea bargaining
inexperienced attorneys
"gamblers"
public defenders and private attorneys with large numbers of defendants

Front 59

diversity and stratification of the legal profession of defense attorneys

Back 59

low status
difficulty in securing clients
low fees

Front 60

appointed counsel

Back 60

three quarters of state prison inmates had a court-appointed lawyer
in urban courthouses 80% of felony defendants are too poor to hire their own lawyer
it is up to counties to determine what type of system they will utilize

Front 61

contract systems

Back 61

attorneys hired to provide services for a specified dollar amount
most common in small counties
lower standard of representation due to bidding
private bar no longer plays an important role in indigent defense
found unconstitutional in Arizona

Front 62

public defender

Back 62

a salaried public official representing all indigent defendants
Los Angeles County 1914
today the public defender system represents approximately 70% of all indigents nationwide
devote more attention to clients, more experienced, competent counsel
tied too closely to the courtroom work group

Front 63

assigned counsel

Back 63

attorneys appointed by the judge on a case-by-case basis
most common in small counties
criticisms- least qualified attorneys, inadequate pay

Front 64

lawyers and clients

Back 64

advocate
counselor
privileged communication
lack of trust
failure to take advice

Front 65

lawyers' views on their clients

Back 65

frustration due to difficult clients
lack of trust
evasion
deception

Front 66

defendants' views on their lawyers

Back 66

skeptical about skill
worry about whose side lawyer is on
suspicious
lack of one to one contact

Front 67

defense attorney ethics

Back 67

even the very unpopular have a right to a vigorous defense
zealous advocacy
confidentiality
conflict of interest

Front 68

powers of the judge

Back 68

extend throughout criminal court process
perform various tasks
chambers- judges's office

Front 69

role of judges in the steps of criminal procedure

Back 69

Front 70

benefits of being a judge

Back 70

prestigious career
salary $99k to $178k for trial judges of general jurisdiction
patronage powers

Front 71

frustrations of the job

Back 71

court administration
caseloads
politics

Front 72

becoming a federal judge

Back 72

article 3 judges are appointed by the president and confirmed by the state
deputy US attorney general nominates judges with advice of high ranking officials

Front 73

how to become a state judge

Back 73

governor selects appointees to become judges
sometimes governors have used state bar associations to recommend judicial nominees

Front 74

election of judges history

Back 74

more than 1/2 of the states elect judges although none of the original states elected judges
concept emerged during the jacksonian era
part of a movement to democratize the political process

Front 75

election of judges

Back 75

some elections are partisan but most are non-partisan
voters are uneducated and disinterested
few lawyers wish to challenge a sitting judge
recently, judicial elections are getting more unpleasant

Front 76

merit selection aka Missouri Bar Plan

Back 76

attempt to remove politics from the courts
hybrid system- judges are appointed for a short term, after short term go unopposed for popular election, over 30 years few have ever been removed

Front 77

if appointed by legislatures

Back 77

more likely to appoint former legislators

Front 78

elective system

Back 78

produce judges who were formerly local politicians
elected judges react to public opinion

Front 79

similarity of judges in backgrounds

Back 79

male
upper middle class
white
protestant
educated
80% have had prior government experience

Front 80

diversity and the judiciary

Back 80

increasingly more women and minorities are being appointed federal judges
today 1/3 of federal judges can be considered 'non-traditional'
drawing conclusions about the differences women make on the bench is problematic

Front 81

diversity of federal bar
women
african americans
hispanics

Back 81

women- 19.1%
african american- 8.4%
hispanic- 5.5%

Front 82

judicial independence

Back 82

how to remove unfit judge's without compromising judicial independence

Front 83

judicial misconduct
California model

Back 83

state judicial conduct commissions

Front 84

federal conduct and disability act

Back 84

allows for impeachment and removal

Front 85

additional ethical constraints beyond those of lawyers

Back 85

ABA Model Canons of Judicial Ethics
Each state has a set of canons of judicial ethics

Front 86

compared to the average citizen felony defendants are

Back 86

significantly younger
most are males
disproportionately racial minorities
come from broken homes
less educated
more likely to be unemployed
less likely to be married

Front 87

gender

Back 87

women account for 22.4% of violent crime and 32% of all crime

Front 88

poverty

Back 88

most crimes are property crimes with an economic motive

Front 89

race

Back 89

african-americans, hispanics, and native-americans are arrested, convicted and imprisoned at higher rates per capita than whites
however, whites have historically been the majority of those incarceration

Front 90

victims and witnesses

Back 90

traditionally victims and witnesses are lost or forgotten in criminal trials
large amount of research on defendants
little research on victims or witnesses

Front 91

frustrations in coping with the process

Back 91

trial delays
long waits
lost wages
fear of the defendant and the defendant's associates
a sense of indifference on the part of criminal justice personnel

Front 92

frustration with testifying

Back 92

witnesses must speak forcefully but not belligerently
avoid being rattled on cross-examination
rape victims are put on trial
still support the system

Front 93

victim's and witnesses through the eyes of the court

Back 93

lack of cooperation
snitching
lack of info
intimidation
prior relationships between victims and defendants is more common and dependent on type of crime

Front 94

victim/witness assistance programs

Back 94

encourage cooperation by reducing inconvenience to citizens appearing in court

Front 95

victim compensation programs

Back 95

government should counterbalance losses suffered by victims
fewer than 100,000 filed per year
medical expenses and lost earnings
maximum range from $1,000 to $50,000

Front 96

victims' bill of rights

Back 96

greater rights and protection for the victim
at the expense of the defendant

Front 97

the victims' rights movement

Back 97

Mother's Against Drunk Drivers (MADD)
differing goals
do victims benefit?

Front 98

Payne V. Tennessee

Back 98

victim impact statements are admissible during sentencing
ONLY SENTENCING