CRIM 230 1st Edition Exam #1 Study Guide Chapter 6: • Ethical duties of prosecutors: -Absolute Immunity:complete immunity from civil lawsuits. In the case of prosecutors, absolute immunity shields them from all civil liability for actions taken in connection with the traditional role of courtroom advocacy on behalf of the government. -Qualified Immunity:a justice actor’s partial immunity from civil liability for acts within the scopeof their professional duties and sanctioned by law. For prosecutors, tis immunity applies only when they are acting in good faith that they aren’t violating any law or ethical rule where a reasonable person in the prosecutor’s position would be aware.Ethical issues facing prosecutors: disclosure of evidence, conflict of interest, direction, favoritism, bias, amounts of info released to public.• Extralegal factors: factors, such as race, ethnicity, sex, and socioeconomic status that are associated with differential treatment by the criminal just system even though they aren’t supposed to affect case proceedings, outcomes, and sentences. • Legal factors:• State Attorney General: the chief legal officer of a state, representing that state and civil and, under certain circumstances, criminal cases. • Role of the prosecutor:A public official who represents the state in a critical action. Critical importance because of the office’s central position in the crim justice system. The prosecutor is the only official who works with all actors of the crim justice system. “The prosecutor has more control over life, liberty, and reputation than any other person in America.”FIND JUSTICE. • Power of the prosecutor: • Broad Discretion: the key characteristic of a prosecutor, this means the prosecuting attorney to exercise virtually, unfettered discretion relating to initiating, conducting, and terminating prosecutions. • U.S. Attorney General:Head of the Dept. of Justice; nominated by the president and confirmed by the senate.• U.S. Attorneys:officials responsible for the prosecution of crimes that violate the laws of the US; appointed by the president and assigned to a US district court.-3 Statutory Responsibilities1. Prosecution of criminal cases brought by the fed gov2. Initiation and defense of a civil case where the US is a party3. Collection of certain debts owed to the fed gov. Chapter 7:• Gideon v. Wainright (1963):a defense attorney will be appointed to defendant have a right to one. Clarence Earl Gideon requested a court attorney and was refused, sided w Gideon. Indigent defendants have the right to court appointed counsel. Applies in felony crim proceedings.• Indigents: those who are too poor to pay for any attorney and are entitled to have one provided for them for free. -Providing Indigents with attorney: 70% nationally1. Assigned Council: attorneys appointed by the judge on a case by case basis-common in small counties, least qualified attorneys, inadequate pay2.Contract Systems: Attorneys hired to provide services for a specified dollar amount. -common in small counties, lower standard of representation from bidding, found unconstitutional in Arizona. 3.Public Defender: a salaried public official representing all indigent defendants. -Proponents: devote more attention to clients, more experienced, consistencyCritics: tied too closely to the courtroom workgroup• Sixth Amendment: right to council, speedy and public trial by an impartial jury of the state and district. This applies to all crim prosecutions. -Pro Se (speak on their own behalf by serving as their own attornets), Faretta v Cali (‘75), and LimitsChapter 8:• Judge responsibility: that the system operates fairly and impartially.• Frustrations of the job of being a judge:heavy caseload, administrative probs, called a politician, administrator, bureaucrat, and lawyer all in one. • Powers of the judge: arrest through disposition, set and revoke bail, resides over trialsChapter 9: • Characteristics of defendants: young male, minority, underclass, unemployed, single. • Indiana v. Edwards (2008)- court held that “The constitution permits States to insist upon representation by counsel for those competent enough to stand trial…but who still suffer from severe mental illness to the point where they aren’t competent to conduct trial proceedings by themselves"• Victims and witnesses characteristics: older, white male, employed victims are handled differently than young nonwhite, divorced or non-married, uneducated low income, employed male.• Victim impact statements: written or oral statements communicating info about how a crime impacted the victim and the victim’s family.Chapter 10:• Uniform Crime Report:most publicized and widely used measure of crime comes from the FBI; Each year policing agencies voluntarily report summary-based measures of crime withintheir jurisdictions to the FBI. • Arrest: taking of a person into custody for the commission of an offense and prosecuting them for that offense. -14 million arrest per year (non traffic); 2.2 mill are for serious crimes.• Charging:crim court proceedings begins with filling of a formal written accusation alleging a specified person committed a specific offense(s)-complaint, info, arrest warrant, indictment• Bail: a guarantee. In return of being released from jail, the accused promises to return tocourt as needed;Bail procedures vary by jurisdiction according to seriousness of crime• Preliminary hearing: pretrial hearing to determine where there is probable cause to binda defendant over for felony trial.• Grand Jury: a group of citizens who decide whether persons accused of crimes should beindicted (true bill) or not (no true bill)-fifth amend right-applies only to fed. Prosecutors • Arraignment:the stage of the criminal process in which the defendant is formally told thecharges and allowed to enter the