Podcast
Questions and Answers
Which of the following is NOT one of the decisions the prosecutor must make during the pretrial process? (Select all that apply)
Which of the following is NOT one of the decisions the prosecutor must make during the pretrial process? (Select all that apply)
- The level of the charges to be brought against a suspect
- Whether an individual should be indicted (correct)
- Whether an individual who has been arrested by the police will be charged with a crime
- If and when to stop the prosecution
The American justice system is classified as?
The American justice system is classified as?
- Democratic
- Adversarial (correct)
- Symbolic
- Autocratic
What title is given to the chief law officer of the state?
What title is given to the chief law officer of the state?
- General Counsel
- Attorney General (correct)
- District Attorney
- Chief Prosecutor
As an elected official, the prosecutor must answer to?
As an elected official, the prosecutor must answer to?
What is the defense attorney's largest responsibility?
What is the defense attorney's largest responsibility?
Which case did the United States Supreme Court extend the entitlement to state-provided counsel to juveniles?
Which case did the United States Supreme Court extend the entitlement to state-provided counsel to juveniles?
Which case did the United States Supreme Court hold that the state must provide counsel to those who cannot afford to hire one for themselves?
Which case did the United States Supreme Court hold that the state must provide counsel to those who cannot afford to hire one for themselves?
Which of the following is NOT one of the methods used for assigning attorneys to represent indigent defendants?
Which of the following is NOT one of the methods used for assigning attorneys to represent indigent defendants?
Defense attorneys have many responsibilities. Which of the following is not one of the responsibilities?
Defense attorneys have many responsibilities. Which of the following is not one of the responsibilities?
Under what circumstances may an attorney break attorney-client privilege?
Under what circumstances may an attorney break attorney-client privilege?
Unless the defendant consents to disclosure, communication between client and attorney is subject to:
Unless the defendant consents to disclosure, communication between client and attorney is subject to:
Who is responsible for issuing an indictment?
Who is responsible for issuing an indictment?
Which Amendment addresses bail?
Which Amendment addresses bail?
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Study Notes
Prosecutorial Decisions
- Prosecutors must decide whether to charge arrested individuals with a crime, determine the level of charges, and decide if prosecution should continue.
- Indictment decisions are not made by the prosecutor but rather by a grand jury.
American Justice System
- Classified as an adversarial system, which emphasizes the competition between defense and prosecution.
Chief Legal Officer
- The title of the chief legal officer of the state is the Attorney General.
Prosecutor Accountability
- As elected officials, prosecutors are accountable primarily to the voters.
Defense Attorney Role
- The primary responsibility of defense attorneys is to serve as advocates for their clients, ensuring their rights are protected throughout legal proceedings.
Right to Counsel
- The U.S. Supreme Court case In re Gault (1967) extended the right to state-provided counsel to juveniles.
- Gideon v. Wainwright (1963) mandated that states provide counsel to individuals who cannot afford legal representation.
Indigent Defense
- Methods for assigning attorneys to represent indigent defendants include public defender programs, assigned counsel programs, and contracting attorney programs.
- Law school training programs are not recognized as a method for assigning attorneys for indigent defense.
Defense Responsibilities
- Defense attorneys are responsible for investigating incidents, preparing cases for trial, and communicating with prosecutors, including plea negotiations.
- Investigating the guilt of the client is not a responsibility of defense attorneys.
Attorney-Client Privilege
- Attorneys may break privilege if a client discloses information about a future crime.
- Communications between a client and attorney are generally protected by attorney-client privilege unless the client consents to disclosure.
Indictment Authority
- Indictments are issued by a grand jury, not by judges or prosecutors.
Amendment Regarding Bail
- The Eighth Amendment addresses bail, prohibiting excessive bail and cruel and unusual punishments.
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