CJUS P300 1nd EditionMidterm Study Guide Lectures: 1 - 11Bolded information WILL appear on the MidtermLecture 1 What is the origin of law? American law?Laws exist to keep order within society, they are typically based upon morality. Therefore, since it is morally wrong to murder a person, it is also illegal. However, people have differing opinions on what is “moral” and not which is why we have so many different laws, especially among the states. The main lawful documents regarding American law are the Constitution and the Bill of Rights (the first 10 amendments to the Constitution). The Constitution, and thus the Bill of Rights, is the document that determines federal and, at times, state law.What are the different branches of government and what do they do?The legislative branch makes the laws. The executive branch enforces the laws. The judicial branch interprets the laws therefore ensuring that laws are fair and that they are enforced in a fair and just manner. A prosecutor is part of the executive branch of government. What role does the prosecutor play within the criminal justice system?The first responsibility of a prosecutor is to administer JUSTICE. Justice can be defined as fairness, doing the right thing, it should be unemotional. The prosecutor decides what crime to charge you with, if you’re even charged at all. Because of this, the prosecutor has the most power within the criminal justice system. They have this power because they represent the community and are supposed to protect the entire community. Lecture 2 What are the main responsibilities of a prosecutor?Prosecutors are charged with bringing justice to those who have violated the law. As such, they carry the following responsibilities: charging someone with a crime, making sure the defendant is aware of their crime, starting the process for filing charges. Does a prosecutor uphold the state or US Constitution?Both. When you are a state prosecutor, you take an oath to uphold both the US and your state’s Constitution. A prosecutor must remember that state constitutions can afford you more rights, but they cannot take away rights. Therefore, states can grant you the right to marry whomever you want but they can’t take away your right to marry in general. Also, it should be noted, the District Attorney’s (who work for just the Federal Government) only take an oath to the US Constitution and not to any specific state. What is reasonable doubt?The term “beyond a reasonable doubt” does not mean that something is beyond all possible doubt but that is it beyond a reasonable doubt. Reasonable has a different definition for everyone. Therefore, it is up to you, as a prosecutor, to determine what you believe to be reasonable doubt as you must be concerned with proving reasonable doubt from the very moment you decide to charge a case. What is the difference between a criminal case and a civil case?Civil cases are some private party versus another private party. Therefore, the remedy is usually money. The standard of proof is just a preponderance of evidence. That is, the scales of justice start off even, so to speak, and shift as evidence is presented both one way and the other.Criminal cases are the state (government) versus an individual. The remedy is a loss of liberty, typically in the form of jail time. The burden of proof is beyond a reasonable doubt. The burden of proof is much higher within a criminal proceeding because there is a loss of liberty. Lecture 3What is the purpose of the law?The main purpose of the law is to secure the safety of its citizens. That is why they exist, to keep law and order within a society. Ignorance of the law is not an excuse for breaking the law. Therefore, it is up to you as a citizen to know what laws apply to you. What laws are the prosecutors responsible for?As mentioned before, prosecutors must charge laws under both the US Constitution and their state Constitution. However, they are only responsible for charging laws within certain districts. Federal prosecutors must charge laws by the county, state prosecutors charge laws by district. This is called jurisdiction, what happens within the place you (as a prosecutor) are responsiblefor. A prosecutor must prove where a crime is a committed as it effects where the crime will be tried due to the fact that, by right, you have to be tried in the jurisdiction you committed the crime in.What are statutes?Statutes contain various crimes and list said crimes via numbers. Crimes are enacted by the legislatures and found in statutes. They are codified so that when a prosecutor, or a member ofthe general public, goes to look at them, they are easy to read. Different levels of crimesThe differing levels of crimes can be found in code books. They vary all the way from murder (the highest crime you can commit) to misdemeanors. It should be noted that felonies are moresevere that misdemeanors and also that the use of a weapon will elevate a crime to a different (higher) level. Crimes are typically ranked in an A-D system, however, the state of Indiana has recently moved to a numbering system where an “A” felony is now a “1” or “2” a “B” felony is now a “3” or “4” and so on and so forth.Lecture 4Is there such a thing as a victimless crime?No, there are always victims to a crime whether they are named victims or the society and community as a whole. If a law exists, it is because there is always the potential to do harm to somebody, whether unnamed or not. This is why, for example, shoplifting is not a victimless crime. Who do prosecutors represent?Prosecutors do not have a client, per say, because they represent the community. They do notrepresent a “victim” or have an individual client. The prosecutors job is to do justice and makesure community standards are being protected.Violent Crimes and ProsecutorsViolent crimes will be given priority by any prosecutor’s office because they hit at the very structure of society. As mentioned above, it is the prosecutor’s responsibility to protect the community. Therefore, if a criminal (or crime) hits at the very structure of that community, it is of upmost importance that the prosecutor gives that criminal precedence. Examples of violent crimes include murder, assault, battery, robbery, rape, and manslaughter. Lecture 5Rules of Professional ConductEvery state has these rules which govern the behavior of lawyers. Every lawyer is subject to the canon of