Final Exam Study Guide
Final Exam Study Guide CJUS P300: Prosecution
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This 6 page Study Guide was uploaded by Katherine Rose on Monday April 27, 2015. The Study Guide belongs to CJUS P300: Prosecution at Indiana University taught by Mary Diekhoff in Winter2015. Since its upload, it has received 536 views. For similar materials see Topics in Criminal Justice: Prosecution in Criminal Justice at Indiana University.
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Date Created: 04/27/15
Final Exam Study Guide Covers material for the final exam following the midterm combine both study guides for a comprehensive study guide of the semester Negotiated Plea Agreements Plea Bargains Plea bargaining happens all the time o Controlled by the prosecutor 0 Not required done by the discretion of the prosecutor Plea bargaining is necessary and a positive for the system 0 Only positive if it s done ethically and iustly o The prosecutor should only plea bargain if it s a certainty for both sides What is thejudge s role in plea bargaining 0 To accept or decline the bargain 0 They are concerned with the fairness of the plea bargain for both the defendant and the victim if there was a victim I The victim must be informed in a felony case of what the plea bargain is 0 Not necessary to inform the victim in a misdemeanor case Jury trials are traumatic events for victims 0 As a prosecutor you have to consider what the victim will be put through I You must ensure you have enough evidence to convict for the sake of the victim In a negotiated plea agreement hearing the judge will ask if the victim has been informed of the offered plea bargain o The victim is almost never at this hearing A lot of people believe plea bargaining is a negative for the system 0 Criminal Rule 4 From the time the prosecutor charges the defendant they have one year to get it done I If you didn t plea bargain defendants this would be impossible Pretrial diversion is a plea bargain o Helps the system keep moving if the plea bargain goes right it s beneficial to both parties A defendant can always plead cold 0 They can agree to the crime and the sentencing is left to the judge Plea bargains are a contract between the prosecutor and the defendant 0 It s not a binding contract until the hearing when the defendant pleads guilty and signs the plea agreement Enhancements As a prosecutor you can amend dismiss or enhance charges against a defendant Enhancements Things that can t stand by themselves and add to the amount of penalty possible 0 They are usually applied to felony charges 0 Example Habitual Offender Enhancement adds a certain amount of time to the original felony charge because they are a quothabitual offender When you have an enhancement it usually takes longer than the trial itself 0 Especially if it s the death penalty Habitual traffic offender can stand on t s own 0 Only because of how the law is written Death penalty is a sentencing enhancement 0 This cannot stand on its own o It is a capital enhancementpunishment o The jury controls the death penalty I The judge doesn t control and can t override o If you commit a murder you re eligible for the death penalty I Not every murder is eligible for the death penalty 0 Eligible for death penalty serial killing killing law enforcement or judges killing a prosecutor correctional officers bailiffs children 12 amp under a person over the age of 65 a mentally handicapped person if you torture someone and they die if you lie in wait for someone if you hire someone to kill another person for you if you kill a firemen if it s the defendant s second murder if you kill someone while in jail and mutilation The death penalty is always argued as cruel and unusual punishment under the 8th amendment to the Constitution 0 Death penalty and barqualified lawyers are necessary for defendants arguing the death penahy The death penalty is becoming illegal in some states 0 Life without parole is replacing the death penalty in some of these states I Has the same qualifications as death penalty Why is the death penalty becoming unpopular 0 Trying a death penalty case is expensive and irrevocable I Can cost around 2 million for the case I Once you take someone s life you can t bring them back even if you discover evidence in the future that proves them innocent To be eligible for death penalty 0 You must have an IQ of at least 50 0 You must be 16 years or older 0 You must be competent 0 You cannot be mentally handicapped None of these eligibilities for the death penalty apply to life with parole o If you have an IQ of less than 50 are under 16 years old aren t competent and are mentally handicapped you can be given life without parole Prosecutors can charge murder m felony murder 0 Felony murder is eligible for the death penalty 0 Felony murder someone dies in commission of arson burglary kidnapping rape drug dealing etc in the commission of a felony I Only requires a felony and someone to die during the felony Search amp Seizure As a prosecutor you must be concerned with evidence You don t need a warrant to search a victim s home 0 Exception If the victim is dead you need a search warrant People have the highest protection from government intrusion in their homes Only a judge can issue a search warrant 0 Search warrants are granted based on probable cause I Probable cause is an objective standard 0 Probable cause must have reliable and credible evidence 0 The warrant must be in writing and signed under oath of the officer or under recording by both the judge and the officer A search warrant is only good for a certain amount of time 0 Typically good for 510 days 0 After their quotexpirationquot date they are considered stale warrants A warrant is necessary if you re going to start searching unless consent is given to the officer To receive a search warrant probable cause must be given o If information is received from an informant the informant is someone who looks like or is involved in the crime looks like someone who does drugs etc I The informant must be credible and reliable o How can you tell if they re a reliable and credible informant f they ve been an informant before or give information that is against their own interest ie they admit to having committed a crime of the same nature previously Anticipatory warrants are warrants for anticipated criminal events 0 Example if the police believe you are receiving a package containing drugs they can seize the package when it s delivered if they have an anticipatory warrant When receiving a search warrant you must have a description of the property you re going to search 0 Must describe any sheds garages etc that you want to search 0 Must describe what you want to look for To seize any property you must have consent or a search warrant The police don t work for the prosecutor nor do they have the same immediate goal as the prosecutor 0 There are some jurisdictions where the police and prosecutors office extremely dislike each other Exigent circumstances Allow the police to go into a residence and seize an item or person 0 Reasoning I Safety of a person not enough time to get a warrant I Police are afraid evidence is being destroyed I Hot pursuit or fresh pursuit only in a felony Good faith exception If the warrant has gone stale or the officer didn t know the warrant was stale 0 You care about this as a prosecutor because I You want to ensure people aren t disturbed without a valid legal cause I It can hurt or weaken your case as a prosecutor What is the fruit of the poisonous tree 0 Police seize evidence without probable cause 0 The police get the people to give them more information I The police get a legal warrant from that information 0 Anything else obtained afterward is tainted o Technically it s obtained illegally because of the first illegal part Collection of Evidence There are two types of evidence 0 Fungible Anything that can be altered substantially to cause it to not be what it was before I Examples Blood fingerprints hair tears sweat etc o Nonfungible Evidence that would be difficult to substantially alter I Examples Bodies knives guns weapons etc Fungible evidence requires a lot more for the prosecutor to get it introduced into evidence ALL evidence requires a chain of custody 0 Meaning everyone who encountered the evidence can say what was done with it where it was etc Evidence can easily be purposely or inadvertently introduced intofrom a crime scene 0 To prevent limit the number of people at the crime scene o If there is a body take pictures of it before moving it or touching it 0 Take pictures of everything from every angle possible I The crime scene photos must show exactly how everything was found 0 Wear gloves before touching or moving anything The preservation of evidence and the crime scene are vital for the prosecutor o The more evidence you have the better your case will be Defense lawyers can ask for additional testing of the evidence 0 Only if there is enough evidence left to be tested ie DNA found at the crime scene Fingerprints on glass are very good fingerprints 0 You can t get high quality fingerprints off of any surface Jury Trials Litigators present a case to a judge or jury There are phases to a jury trial 0 They move very slowly not quickly like they show on TV The purpose of a judge in a jury trial is to make evidentiary rulings give the jury openingclosing instructions and ensure both sides are following all the rules If you make a false statement under oath it s perjury o If you re not under oath it s not perjury Why are you put under oath o The only thing the prosecutor should present is evidence I Evidence comes from witnesses their testimony must be truthful What happens if you are selected for a jury o Ajury pool is selected from questionnaires filled out by all potential jury members 0 Voi dire the selection process I Both the prosecution and defense can ask potential jury members questions 0 The prosecution or defense can strike a jury member if they don t want them on the jury 0 With cause Dismissed for a legitimate reason unlimited amount of with cause strikes for both sides 0 Without cause Dismissed because of your past answer given etc limited number of without cause strikes for both sides 0 Judges can sit on a jury o The verdict of the jury must be unanimous o If you don t show up to court as a juror it s contempt of court I You can be put in jail or punished The Jury Trial Process The judge swears in the jurors o 2 oaths are given I The whole jury has the same oath as a witness I After the jury has been selected they take an oath to quottry the case to their best ability truthfully and honestly After the jury is given the 2ncl oath double jeopardy comes into play 0 Double jeopardy You can t be charged for the same crime twice Judge reads the opening instructions to the jury 0 They are given the case burden of proof for the case etc The prosecutor begins the trial with their opening statement 0 The opening statement is not evidence The defense can choose to not do anything as it s the prosecutors duty to prove the case 0 After the state presents their case if the defense feels that the state didn t prove the case they can ask to dismiss the charges directed verdict The defense will counter what the prosecutor presented with their own witnesses and evidence The prosecutor can then present rebuttal evidence after the defense presents Closing arguments from both sides still not evidence Jury decision o If the defendant is acquitted they were found not guilty I Does not mean they re innocent it means that the state didn t meet the burden of proof for the case o If the defendant is convicted they can appeal the decision I If the appellate court reverses the decision the defendant is tried again 0 They will sit in jail until the appeals process is over 0 The appellate process takes a very long time especially the higher the crime committed o If the defendant plead guilty they can appeal their sentence but not their conviction The defendant must be sentenced within 30 days 0 There is a sentencing hearing after the trial I Jurors have nothing to do with sentencing o The victim and victim s family can speak at the sentencing hearing What about a mistrial o Mistrial When something happens or is said that can t be fixed and would alter the decision of the jury o If the case is ruled as a mistrial it can be retried by the prosecutor I IF the prosecutor says the case will be retried it will be retried What if the jury can t reach a verdict o Hung jury Ajury that is unable to reach a verdict I The jury must be unanimous in the verdict decision I If the jury is hung the prosecutor will decide whether to try the case again or not What if the defendant is facing multiple charges 0 Juries can be trifurcated or bifurcated I Both sides don t want the jury to be prejudiced so they work through single charges one by one rather than multiple charges at the same time When does the burned of proof shift from the prosecutor to the defense 0 Self defense 0 Alibi defense 0 Mental illnessinsanity defense I Insanity is a legal defense and a legal term o If you are declared insane it means you were not aware or the rightness or wrongness of your actions 0 You can be insane at the time of the offense or after and incapable of assisting your lawyer in the defense
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