Understanding Prosecutor Roles and Structure

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the main responsibility of state prosecutors?

Appoint federal prosecutors

Conduct federal criminal investigations

Represent the government in state criminal cases (correct)

Draft state laws and regulations

How are federal prosecutors typically appointed?

Appointed by the local governor

Elected by the public

Appointed by the President (correct)

Elected by the local legislature

What is a key aspect of progressive prosecution?

Adoption of traditional plea bargaining methods

Increased use of incarceration for all offenses

Limiting incarceration by exploring alternatives to prosecution (correct)

Focus solely on violent crime prosecutions

What is a common duty of prosecutors during criminal investigations?

Interview witnesses and assist in gathering evidence Signup and view all the answers

In larger prosecutorial offices, which function typically handles specific types of crimes?

Each bureau or division specializes in different crime categories Signup and view all the answers

What is the primary responsibility of defense attorneys in the adversarial system?

Protecting clients' rights Signup and view all the answers

Which amendment guarantees the right to counsel?

Sixth Amendment Signup and view all the answers

What is a key distinction between private defense attorneys and appointed defense attorneys?

Private attorneys have no caseload limitations Signup and view all the answers

What has been a significant expansion of the right to counsel since its inception?

It now includes individuals who cannot afford an attorney Signup and view all the answers

Which of the following best describes the typical workload for defense attorneys?

Counsel clients in plea negotiations more than trial work Signup and view all the answers

What is a primary duty of judges in a courtroom setting?

Impose sentence after trial Signup and view all the answers

Which judicial selection method involves a nomination and approval process?

Federal appointment Signup and view all the answers

Which type of sentencing provides a defined length that must be followed?

Determinate sentencing Signup and view all the answers

What is a significant consequence for judges who display major malfeasance?

Immediate removal from the bench Signup and view all the answers

How do judges ensure fairness during a trial?

By reviewing evidence and motions Signup and view all the answers

What is the primary purpose of the exclusionary rule in criminal cases?

To discourage illegal evidence gathering Signup and view all the answers

What is the maximum typical duration before a defendant is entitled to a speedy trial?

120 days Signup and view all the answers

Which of the following rights allows a criminal defendant to challenge the presence of witnesses against them?

Right to confront witnesses Signup and view all the answers

What is a common obstacle faced by crime victims during their involvement in the judicial process?

Being uninformed about the process Signup and view all the answers

What does a victim impact statement allow crime victims to do?

Testify about their personal experiences related to the crime Signup and view all the answers

What is the minimum jury size permissible for a trial?

6 members Signup and view all the answers

Which process allows jurors to be removed without providing a specific reason?

Peremptory challenge Signup and view all the answers

What is a key purpose of jury nullification?

To refuse to abide by the law if deemed unfair Signup and view all the answers

What aspect of jury response is required for a decision to be valid?

Unanimous decision Signup and view all the answers

Which reform has been shown to increase juror participation and alertness during trials?

Allowing jurors to take notes Signup and view all the answers

Study Notes

Prosecutor Roles

Prosecutors act as the government's representative, handling a wide array of legal cases
Prosecutors have significant discretion in their role
They are accountable to the public, with the head of the office often elected
Federal prosecutors focus on federal crimes while state prosecutors handle state crimes
Federal prosecutors are appointed, whereas state prosecutors are elected

State Prosecutors

State prosecutors often manage a large team of assistants
They operate primarily at the county level
In smaller counties, the prosecutor may be responsible for all cases
In larger areas, elected prosecutors set policies and assistants handle courtroom work

Office Structure

Larger prosecutor offices are divided into specialized bureaus or divisions dealing with specific offenses, such as drugs, violent crime, sexual crimes, homicides, and appeals
Prosecutors typically progress through different areas of law, starting with traffic violations and moving towards juvenile and felony cases

Prosecutor Responsibilities

Prosecutors are responsible for representing the government in legal proceedings
They provide support to the judiciary
They often oversee child welfare and child support enforcement initiatives, and offer victim assistance services
They are also involved in criminal investigations, assisting with tasks like obtaining search warrants, working with investigators, and interviewing witnesses
They analyze cases to decide who to charge and what charges to pursue
They engage in plea bargaining negotiations, which helps resolve cases without going to trial
They disclose evidence to the defense during the discovery process, ensuring a fair trial

Progressive Prosecution

Progressive prosecution emphasizes discretion and aims to reduce incarceration
It focuses on alternative methods to address societal problems and improve public safety
Such methods may include treatment programs and diversion programs that offer non-prosecution options

Adversarial System

The legal system is based on two sides with different interests, the prosecutor and the defense attorney.

Role of the Defense Attorney

Protects the rights of their client
Defends their client at all costs
Challenges the government

Right to Counsel

The right to counsel has evolved over time.
The Sixth Amendment guarantees the right to a lawyer.
Initially, only those who could afford it could hire an attorney.
In 1932, the right to counsel extended to death penalty cases.
Expanded to include all cases in 1938, regardless of whether they could afford an attorney.

Types of Defense Programs

Public Defender - Sole job, typically found in larger jurisdictions, and have more resources.

Caseloads

Some states have standards for the number of cases a defense attorney can handle.
However, there is a lack of enforcement in many jurisdictions.
Defense attorneys are often overwhelmed and overworked with their caseloads.

Private vs. Appointed Attorneys

Often falsely perceived as superior to those appointed to a case.
Private attorneys have smaller caseloads and more time to dedicate to a case.
Appointed attorneys have larger caseloads and less time.
Private attorneys may be more likely to put more work into a case, but there is no real difference in outcomes.

Effective Assistance

There was no real definition for effective assistance of counsel for years.
Now, a two-pronged test is used to assess the effectiveness of a defense attorney:
- Deficient Performance?
- Harm to the defendant?
All circumstances of the case are considered in this test.

Reality of a Defense Attorney

Work for the greater good, but can be challenging due to high caseloads.
Defense Attorneys dedicate more time to the inner workings of their cases rather than trials.
They often convince their clients to plea bargain.
A majority of individuals who are charged with crimes are guilty.
Difficult to quantify success as a defense attorney.
Defense attorneys often have a negative view of the legal system.

Public Officers

Judges are public officers who preside over courts.
Their duties include administering the law and hearing legal disputes.

Duties/Role

Judges must follow the rules of law.
They sign and authorize search warrants.
They are the first point of contact after an arrest.
They set bond, advise on charges, and schedule deadlines.
They rule on motions.

Role at Trial

Judges determine the admissibility of evidence.
They assess whether the state has met its burden of proof.
They ensure fairness and order in the courtroom.
They can issue gag orders.

After Trial

Judges impose sentences.
They can utilize determinate sentencing, adhering to fixed lengths, or indeterminate sentencing, allowing for greater discretion.
Probation is a form of supervised release with ongoing judicial involvement.

Administrative

Judges manage support staff and administer court schedules.

Judicial Selection

Federal judges are appointed through a multi-step process.
They are nominated by the President, undergo Senate hearings, and require Senate approval.
Federal judges hold lifetime appointments.

State Judges

State judges are selected through various methods:
- Appointment
- Partisan election, where candidates run in primaries.
- Nonpartisan election, where all candidates run together.
- Merit selection systems.

Judges' Training

Judges often have little to no formal training after assuming their role.
Many are long-time attorneys with varying levels of familiarity in different areas of law.

Accountability

There is a delicate balance between judicial accountability and independence.
External interference is generally avoided.
The judicial branch is separate from the legislative and executive branches.

Removal and Discipline

Judges are difficult to remove from office.
Removal typically requires evidence of major misconduct.
Most judges are retained in their positions.
Judicial commissions are responsible for disciplinary actions.

Courtroom Work Group

Prosecutors, defense attorneys, and judges work in the courtroom

Criminal Defendants

Have several rights including a bench or jury trial, the right to testify, accept a plea bargain, and an attorney

Exclusionary Rule

Evidence must be obtained lawfully
It is meant to deter misconduct and encourage officers to “play by the rules'
Evidence obtained in bad faith is inadmissible (not allowed in court)
Evidence obtained illegally but would have been found legally is admissible

More Rights

Defendants have the right to:
- Reasonable bail
- Notification of charges
- Speedy trial
- Public trial
- Trial by jury
- Remain silent
- Confront witnesses

Speedy Trial

Typically 120 days (but varies by jurisdiction)
Rarely met
Average is just under a year
Regularly waived
⅓ of cases take over a year

Right to be Present

Defendants have the right to confront witnesses
Not being present is generally considered unfair
Defendants can be removed from the courtroom for disruptive behavior
They may be able to watch the trial from another location
If they are absent, a trial in absentia can occur

Right to Testify

One of the biggest decisions a defendant must make
Can only testify about admitted evidence (evidence that is allowed in court)
Opening oneself up to cross-examination

Hearsay

Testimony from people who are not available to testify in court (out of court witnesses)
Defendant has the right to confront the witnesses
911 calls to report crime are admissible
Interviews with police must be present in order to be admissible
There has to be an opportunity to confront the witness

Crime Victims

Largely forgotten in the criminal justice system
Necessary to prosecute
Often uninformed about the process
Lack input and understanding
Find the process confusing

Revictimization

Victim's right to confront witnesses can force them to testify
Often requires reliving traumatic events
Obstacles can arise when trying to attend court

Victim Rights

Victims have a right to be:
- Informed
- Attend court proceedings
- Be heard
- Provide a victim impact statement

History

Juries are not a new concept
They act as protection from government overreach

Role

Juries are considered the fact-finders in a trial
They evaluate the evidence presented and determine the truth of the case
The jury applies the established law to the facts they determine

Limits

The right to a jury is protected by state constitutions
This right is only guaranteed for crimes with a potential sentence of six months or more

Jury Size

Twelve jurors are generally accepted but not constitutionally required at the state level
The size of twelve developed organically, not through a mandated process
Group deliberations are crucial to a jury's function
The number of jurors must be sufficient to ensure a fair cross-section of the community
Six jurors are the minimum allowed in most jurisdictions
Some states use eight jurors for misdemeanor cases
A unanimous decision is required

Jury Selection

The jury pool should represent a fair cross-section of the community
Jurors should be impartial and unbiased
The selection process starts with a master jury list, typically derived from voter registration, driver's license records, and hunting/fishing licenses
Potential jurors are selected from the master list into a jury pool, where they wait to be called for selection
The process of questioning potential jurors to determine their suitability is called voir dire
Challenges for cause allow lawyers to remove jurors due to bias, but this requires a showing of prejudice and is therefore difficult to obtain
Peremptory challenges allow lawyers to remove jurors without needing to provide a reason

Reforms

Many jurisdictions allow jurors to take notes, potentially increasing alertness and participation
Some jurisdictions allow jurors to ask clarifying questions during the trial
Written copies of jury instructions are often provided
Providing notebooks can aid jurors in note-taking and jury instructions

Jury Nullification

Jury nullification occurs when a jury refuses to uphold the law, even if they find the defendant guilty
Jury nullification is considered unfair, as it undermines the justice system
Jury nullification is not an acceptable defense in a court case
It has the potential to lead to double jeopardy

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the multifaceted roles of prosecutors, including their responsibilities at both state and federal levels. It also delves into the organizational structure of prosecutor offices and how they manage cases. Test your knowledge about the significant discretion and accountability that come with these legal positions.