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IUB CJUS-P 300 - Rules of Professional Conduct

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CJUS P300 1st Edition Lecture 6 Outline of Last 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 advocateOutline of Current Lecture 1. Probable Cause2. Obtaining Counsel3. Preliminary Hearings4. Timely Disclosure of Evidence5. Releasing Information to the press Current Lecture1. Probable Causea. What does probable cause mean?i. How much of a suspicion do you have to have?ii. What’s reasonable suspicion?1. Reasonable suspicion that a crime has been committed2. reasonable suspicion depends upon the totality of the circumstances that a crime has been committeda. must be fair and partialb. has to do with an objective standard 3. It is not a belief or a mere suspicion without something to back it up iii. Prosecutor has to have probable cause to make a charging decision iv. Objective belief that a crime has been committed. Has to be something other than “Gee, I think so”.1. It has to be an articulable suspicion. It has to be able to be shown. These 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.b. A prosecutor has to have probable causei. They must objectively look at what the police have sent, believe it is truth, and believe that there is evidence to back it up ii. You have got to be sure as a prosecutor that you believe it, it is true, and it’s something you can proveiii. Once someone is charged with a crime, it is finalc. Not a very high burden of proof i. The day you charge something is the day you believe that you could proveit without a reasonable doubt is the belief some prosecutors have 2. Obtaining Counsela. Miranda Rights i. Why does a prosecutor have to make sure you specifically understand these rights?1. You as a prosecutor have the responsibility to tell the defendant that they have the right to an attorney2. Because if you don’t tell them they have rights then they could incriminate themselves b. Pretrial Diversioni. By statute ii. Prosecutors don’t have to do it if they don’t want toiii. It’s an agreement reached with the prosecutor that if you do x, then you don’t have a conviction from the prosecutor 3. Preliminary Hearingsa. You can’t talk a defendant out of their rightsb. They have rights to certain hearings and you can’t say to them that you’ll give them a lesser charge if they decide not to do these hearings4. Timely Disclosure of evidencea. If evidence suggest someone is not guilty then you have to let the defense know thati. Otherwise, the defendant may be inclined to take a deal just because they’re afraid of a longer conviction and admit guilt when they may not beb. Who controls the evidence?i. The police collect the evidenceii. The prosecutor controls the evidence which is why they must turn over to the defense everything that is potentially exculpatory1. Exculpatory: It could negate the guilt of the accused iii. Defense can’t ask for results because they go to the prosecutor who has to release them c. In a sentencing hearing if there are things that the prosecutor knows that could mitigate the sentence of the defendant then they have to present them unless they are protected by the court (i.e. relationship or sensitive type things)5. Guidelines for releasing information to the pressa. People standing on the juryb. Don’t want to endanger victim or defendantc. Don’t want to have to move venued. Jury may use things found in media to form an opinion even though it wasn’t allowed into evidence e. So that prosecutors don’t bias people before the trial even begins by releasing certain evidence to the press i. It will harm the case for the defendant which is why you can’t do it because defendants have a constitutional right of presumption of innocent until proven


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IUB CJUS-P 300 - Rules of Professional Conduct

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