February 5 2015 Lecture Notes
February 5 2015 Lecture Notes CJUS P300: Prosecution
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Mrs. Ryann VonRueden
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This 2 page One Day of Notes was uploaded by Katherine Rose on Thursday February 5, 2015. The One Day of Notes belongs to CJUS P300: Prosecution at Indiana University taught by Mary Diekhoff in Winter2015. Since its upload, it has received 198 views. For similar materials see Topics in Criminal Justice: Prosecution in Criminal Justice at Indiana University.
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Date Created: 02/05/15
2515 Notes The prosecutor needs to ensure probable cause before filing a case Prosecutors cannot approach a defendant unless the defendant waives their right to a pretrial hearing The pretrial hearing is where the defendant hears the case the prosecutor has against them it is a Constitutional right Any time a prosecutor talks to an unrepresented defendant they must let them know their Constitutional rights Why is this important Not having a full background of the law the defendant is at a disadvantage and could unknowingly agree to something or give up their rights Before the pretrial hearing you don t know whether the prosecutor can prove the case against you or if they re bluffing Why should you care as the prosecutor about the defendant not wanting pretrial diversion etc The prosecutor has the authority and if they get the defendant to agree to something they can t prove you as the defendant just got scammed and if you plead guilty you can t contest the charges It is wrong for the prosecutor to scam the defendant because they are supposed to protect people not screw them over The first responsibility of the prosecutor is to administerjustice Tricking the defendant is wrong and unethical All defendants have the right to appeal file to have a charge expunged from your record etc Some prosecutors will try and include the defendant waiving these rights in their settlements This is frowned upon but not illegal It is especially frowned upon with an unrepresented defendant because it causes them to feel cornered because the prosecutor is the authority figure in the situation You can represent yourself in court Not a smart choice because you re overly emotional and can t be objective in the case You must be somewhat educated proven mentally competent have readingwriting skills etc If you represent yourself it is presumed you know all the rules other attorneys know It is your Constitutional right to represent yourself in a court of law The prosecutor has the responsibility to communicate all including possible exculpatory evidence to the defense Exculpatory evidence Evidence that shows the defendant might not be guilty Ex DNA evidence that is not that of the defendant s If they don t tell the defense this it is prosecutorial misconduct The prosecutor and the police control the evidence Defense gets the evidence and DNA results through the prosecutor Even if the evidence doesn t definitively exclude the defendant it potentially could and the prosecutor must share the evidence findings Some prosecutors will try and get around this rule A defendant who has no criminal record or a defendant who is found at the scene of a crime attempting to resuscitate the victim are examples of mitigating acts The prosecutor must share findings like this in addition to aggravating acts defendant found beating the victim when police arrive etc Extrajudicial statement Given statement made outside of the court room primarily made to the media discussing the case at hand The prosecutor and defense attorney cannot say anything they shouldn t be mitigating and aggressive actsevidence etc Technically they are not supposed to play to the media Judges can issue gag orders in both civil and criminal trials Not following this can have serious consequences as well as effect the ability to get a fair and impartial jury pool for the trial Prosecutors must follow these and other rules in order to properly do theirjob to administerjustice both fairly and impartially
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