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IUB CJUS-P 300 - Prosecutor Ethics Part 1

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CJUS P300 1st Edition Lecture 5 Outline of Last Lecture 1. Class Discussion2. What laws are necessary3. What’s a violent crime?4. Property Crimes5. Victimless Crimes6. Violent Crimes Outline of Current Lecture 1. Prosecutor General Info2. Characteristics of a Prosecutor3. Characteristics of Private Defense Attorneys4. Characteristics of Public Defenders5. Legitimate prosecutorial concerns6. Stressed points by the professor7. Rules of Professional Conduct8. Special Rules of Professional Conduct Section for Prosecutorsa. Definition of advocateCurrent Lecture1. Prosecutor General Info.a. Prosecutors are, first and foremost, lawyers b. Prosecutors are not as well paid as private sector attorneys because they are paidby the government 2. Characteristics of a Prosecutor (as described by the class)a. Justiceb. Powerfulc. Unafraidd. Rule – oriented 3. Characteristics of Private Defense Attorneys (as described by the class)a. Expensiveb. Sneakyc. CreativeThese 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.d. Negotiators4. Characteristics of Public Defenders (as described by the class)a. Inexperiencedb. Overworkedc. Underpaid5. Legitimate prosecutorial concernsa. In the example given within class, the reason that the prosecutor would consider not giving the student a plea deal is because he had a scholarship and a lot ridingon this theft and still decided to do it b. In the example given within class, the reason that the prosecutor would not consider giving the “rich kid” a plea deal is because he has had everything handed to him and if I give him this misdemeanor then he’ll steal a car next instead of just a pair of shoes6. Stressed Points by the Professora. Politics do influence prosecutors and it should not happenb. You don’t always get what you pay for. Sometimes people actually do things because they’re passionate about it and know they won’t make a lot of money. i. This is the idea behind a public defender c. We are the ones who can change this perception of the law system because we are the up and coming generation of police officers, lawyers, judges, etc.d. Shoplifting is not a victimless crime7. Rules of Professional Conduct (in the state of Indiana)a. These rules govern the behavior of lawyers i. Once you get sworn in you are subject to the canon of these rulesii. When you are in law school you are also subject to these rulesb. Lawyers have a special responsibility for the quality of justicec. Lawyers are advisors, advocates, negotiatorsi. Should be competent, prompt, and diligent d. There are specific rules that deal with the special responsibilities of a prosecutori. Why is there a special section for prosecutors?ii. Because they have so much responsibility and power within the systeme. The rules of professional conduct talk about how lawyers deal with their clients8. Special Rules of Professional Conduct Section for Prosecutors a. Prosecutors do not have clients per say. They do not represent any one person. They represent the community as a whole. i. A prosecutor represents the community that he/she is inb. Prosecutor only deal with criminal laws c. Prosecutors have special responsibilities when dealing with media, public, and law enforcementd. Prosecutors have the responsibility of a minister of justice and not simply that of an advocatei. An advocate in the system means someone who is arguing or defending your side (ie lawyers)e. Prosecutor’s advocate for the


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IUB CJUS-P 300 - Prosecutor Ethics Part 1

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