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UW-Milwaukee CRMJST 275 - Prosecuting Attorneys

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CRM JST 275 1st Edition Lecture 9Ch. 5: Prosecuting AttorneysI. Key Terms for Section 2a. Discretion: who, over what, checks/oversighti. Decision with less mandates discretioncontext situation/context offenderb. Assembly-line justice: law-on-the-books vs. law-in-practicec. Courtroom workgroupi. Shared decision makingii. Common underlying interestiii. Socialization: harms + “going rates”II. Who Are Prosecutors?a. Government representative – executive branchb. Central role in entire criminal processi. Chargingsentencingc. Publicly elected, yet most work is performed outside the public eyei. Great discretion, limited oversightii. Seek justice in the adversarial systemd. Public: trial; sentencinge. Not Public: interview witness; charging; plea bargainingIII. History of the American Prosecutora. Hybrid of British and European ancestryb. 17th century:i. Victim privately prosecuted most (issues?)ii. Each colony 1 attorney general (issues?)c. Judiciary Act of 1789i. Federal system: appoint prosecutord. 1820’s – 1900: populismThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.i. States move toward local electionsIV. The Federal Structurea. U.S. Attorney General (top pyramid)b. U.S. Solicitor Generalc. U.S. Attorneys (Assistant U.S. Attorney) (bottom of pyramid)V. Federal Prosecutorsa. U.S. Attorneysi. Appointed by President and confirmed by Senateii. One per each 93 district (2 territories share)iii. Serve 4 terms; replaced with new presidentb. Assistant vs. Attorneysi. Carry out day-to-day operationsii. Try most federal casesiii. Not appointed, but hiredVI. A General Guide to State Structurea. State AG (top pyramid)b. Chief Prosecutorsi. Assistant Prosecutorii. Local: City Attorneys (bottom pyramid)1. And AssistantsVII. State Prosecutorsa. Selection of the local prosecuting attorneyi. In most states, electii. Usually a 4-yr termiii. Specific tasks performed vary depending on size of jurisdictioniv. Smaller: do more day-to-dayv. Larger: like CEO, planning and budgetsb. Assistant Prosecuting attorneysi. Hired by local officeii. Workhouse, gain experienceVIII. Organization and Operation of the Officea. Large jurisdiction: bureaucratic organizationsi. CEO-like with specialized decisions and unitsb. Types of prosecution modelsi. Horizontal model of prosecutionii. Vertical model of prosecutioniii. Mixed model of prosecutionIX. Non-Prosecutorial Dutiesa. Legal assistance to countyi. Elected officials, agencies and official matters 1. i.e. annexations, land use issuesb. defending lawsuits against county and employeesi. i.e. if someone sued county boardc. juvenile matters (CHIPS, JIPS)d. child support enforcemente. victim assistancef. civil asset forfeituresX. Prosecutorial Duties: Pre-Charginga. Assisting law enforcement officersi. Probably cause for arrest or search warrantii. Prepares warrants and presents to a judgeiii. Inform police investigators what is needed before filing charges1. i.e. additional evidence needed, re-interview victimXI. Prosecutorial Duties: Charging Decisiona. Screening cases and making charging decisionsi. Discretion: who and what to chargeii. 1/3 to ½ all arrests not chargedb. Ethical constraints (ABA 3-9.9)i. 3 “focal concerns” weighed1. Seriousness/nature of offense2. Offender’s culpability/blame worthiness3. “convictability”c. Role of legal vs. extralegal factorsi. Passion vs. premeditated (LOI – level of intent)ii. Motive: hateiii. Weaponiv. Amount of harm ($; injury)v. Age (under


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UW-Milwaukee CRMJST 275 - Prosecuting Attorneys

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