Criminal Justice Exam 3 Study Guide COURTS The Role of the Prosecutor functions and duties Legal o Cooperates with police to investigate violations of the law determines the charges interviews witnesses talks with victims reviews apps for warrants and subpoenas represents state gov in pretrial hearings and procedures and appeal process if there is one enters plea agreements tries criminal cases recommends sentences Bureaucratic Political o Maintains standards of conduct among staff in office manages operations supervises activities of ADAs allocates resources and assigns cases o Develops programs legislation for law and criminal justice reform public spokesperson for the government on law issues in general popular election elected official Reasons for Dismissal of Cases or Not to Charge 1 Insufficient evidence 2 Witness problems 3 Guilty plea to another charge case 4 Due process problems 5 Referral for prosecution elsewhere 6 Deserving defendant 7 Victim participation Prosecutorial Discretion The prosecutor determines the charges and therefore has the right to refuse to prosecute a case They initiate action for criminal prosecution and may stop the charging process at any time or request the court to dismiss the charges Defense Counsel duties and types Defense Counsel represents the defendant from arrest to final appeal the legal counsel for the defendant in a criminal case who Duties investigates the crime reviews police reports insures constitutional safeguards interviews client defendant police witness and victim discusses matter with prosecutor to gain insight into the strength of the state s case represents client at all procedures arrest bail plea to appeal enters plea on behalf of client prepares case for trial and represents client during that trial files and argues any motions with the court provides assistance to defendant in sentencing stage determines appropriate avenues for appeal if any Types o Privately Retained Counsel o Assigned Counsel jurisdiction assigns indigent criminal cases to private attorney on a systematic or ad hoc basis It s the oldest and most widely used method in the history of American jurisprudence operates in about 52 of US counties it s the type of system used in most smaller jurisdictions attorneys are customarily chosen from a judge s list and desire to be chosen o Public Defender representation is provided by a public nonprofit organization with full or part time staff of attorneys and support personnel including investigators paralegals social workers etc Preferred because it operates in 37 of US counties it s found in urban counties due to the high number of indigent defendants it is the more efficient system cost assignment and processing and it represents the largest number of indigent defendants Also preferred because it s compensation is minimal criminal cases are handled sporadically in other systems and funds are limited to provide legal services in other systems to conduct investigations obtain expert witnesses etc o Contract System jurisdiction enters into a contract with an attorney a group of attorneys or entire firm to provide presentation in some or all indigent defendant cases It s growing in prevalence operates in about 11 of US counties across 6 states Types of Plea Bargaining Implicit bargaining going rate Bargaining over charges concurrent vs consecutive charges dropping charges and altering charges Bargaining over sentence sentence reduction or recommendation Factors that Influence Plea Bargaining advantages disadvantages of pleas Factors caseload of the prosecutor strength or weaknesses of the case offense type type of defense counsel defendant s prior record complainant personal characteristics of defendant age race bail status Advantages o Avoids time expense and work of courts o Psychological satisfaction for victim when offender pleas admits guilt o Avoids publicity associated with a trial for judge prosecutor victim witness and defendant o Police clear case o Police avoid time in court o Defendant gets concessions Disadvantages o Innocent defendant pleas guilty to a lesser charge in order to avoid the risk that he she will be found guilty at trial o Defendant once the defendant signs a plea agreement and agrees to plead guilty they will have no opportunity for an appeal at a later date o Attorneys and judges argue that plea deals Lead to poor police investigations Attorneys who do not take the time to properly prepare their cases o Attorneys and judges argue that plea bargaining is unconstitutional because it takes away a defendant s constitutional right to a trial by jury PRETRIAL ISSUES Felony versus Misdemeanor Procedures M compliant F indictment grand jury OR information Misdemeanor cases o Compliant prosecutor alleging the individual committed the crime sworn written document to a court by the police and or Criminal charge date place and circumstance Felony cases o Indictment formal written criminal accusation given by a grand jury stating the allegations crime for which the defendant is required to stand trial a group of citizens chosen to hear the testimony in Grand Jury secret Preliminary Hearing reasons why prelim hearing may be waived Determination of sufficient evidence to show probable cause that the defendant committed the crime replaces the grand jury Reasons why defendants sometimes waive their rights to preliminary hearings o 1 Defendant decides to plea guilty o 2 Defendant wants to speed up the criminal process o 3 Defendant wants to avoid publicity Arraignment types of pleas Types of Pleas o Guilty 90 to accept guilty plea judge must state defendant has waived his her constitutional right to trial believe there is a basis or plea and that the plea is voluntary and inform the defendant of his her right to counsel during plea process o Not Guilty verbal statement by defendant or attorney defendant stands mute court judge enters not guilty plea for defendant o No Contest plea guilty without fear of civil suits Detention Prevention detention versus Pretrial Detention 1 Preventive Detention practice of holding dangerous defendants before 2 Pretrial Detention practice of holding defendant in secure confinement trial and the denial of bail prior to trial TRIAL Jury Selection types of challenges Eligibility Are they registered voters Are they residents Do they have their driver s license questioning by prosecutor and defense attorney to reveal juror bias in order to get the most objective jurors possible