2 weeks of notes
2 weeks of notes Criminal justice 220
Popular in Courts and the prosecution process
Popular in Criminology and Criminal Justice
This 5 page Class Notes was uploaded by sydney emershaw on Monday February 22, 2016. The Class Notes belongs to Criminal justice 220 at Pennsylvania State University taught by Mary Ann Probst in Winter 2016. Since its upload, it has received 19 views. For similar materials see Courts and the prosecution process in Criminology and Criminal Justice at Pennsylvania State University.
Reviews for 2 weeks of notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 02/22/16
2/11/16 Prosecutors Elected or appointed Responsible for prosecution of individuals Who commits criminal acts 2 types o Federal o State Federal system Attorney general (AG) Eric holder United states attorney (USAs) Assistant united states attorney (AUSAs) Solicitor general State prosecutors States attorney General (AG) o Kathleen kane County prosecutors (District attorney) o Richard Consiglio Prosecutor information From beginning, system believed prosecution initiated by the government o Crimes against the state, not individual victims Shift to prosecutors in local areas due to geographic distance instead of being centralized In beginning, prosecutors were appointed, o 1820’s becomes a locally elected position Evolution of prosecution role Progressive era o Crime commission reports introduced change ignored the realities of the gob Discretion (present in all three parts of the criminal justice system) o Observation based Presidential commission of 1967 o Provide structure identified 3 functions Should offence be charged Duty to present government case in court Investigate and instigate the criminal process The ’67 commission gave rise to professionalism o Felony case processor New Paradigm o Community prosecution 2/18/16 Defense Council Duties o Advise, represents and acts on behalf of the defendant o Portrayed in a negative light Association with clients Ie…drug dealers and child perpetrators Other duties Advise clients on sentencing choices Knowledgeable on law, court rulings and local judges’ customs Relay costs of pleading guilty Investigate cases Interview witnesses Types of defense Council Private defendants pay attorney fees Indigent represent people who cannot pay Private Client pays for attorney’s services Retainer o Can be expensive, high costs does not equal experience or guarantee a specific result Indigent Defense Counsel Represent indigent (poor) defendants in criminal proceedings Available in both federal and state systems Three main indigents defense sysytems o Assigned counsel o Contract model o Public defender Qualify for representation Who pays for indigent representation? o Usually completely paid for by the state o County level pays salary of attorneys and investigators o Bottom line the taxpayers pay for it Assigned Counsel Model Attorneys selected from a list Ad Hoc are those in which the judge chooses a defense attorney on a casebycase basis. This system has been criticized because it can lead to favoritism and patronage Coordinated assigned counsel rely on a coordinator who chooses the attorney, this ensures consistency and fairness Model used most often in rural areas Attorneys are paid at a set rate o Hourly o Flat rate based on case Contract model State/ county contract with private attorneys 2 main types of contracts for defense counsel services o Fixed price contract o Fixed fee contract fixed number of cases with a fixed price per case Public Defender First program began in 1913 in LA, CA Relies on full or parttime attorneys What happens if there is a conflict of interest? get a different attorney Research of Defense Counsel on the Job R. Flemming evaluated counsel decision to waive a preliminary hearing P. Nardulli “insider justice” difference between regular counsel and privately retained counsel in system A. Blumberg says counsel not “zealous advocates” for clients, but “double agents” o R. Uphoff added the term “beleaguered dealer” to blumberg’s categories Defense counsel and their clients Public clients less trusting than private paying clients They believe indigent clients do not trust them because they believe counsel is part of the court system Client’s perceptions of their counsel Relationship with counsel is very important Clients active role in working with the attorney in crucial Defendants with limited knowledge of court process trust counsel LESS Low trust with court appointed counsel Public Perception of Counsel Media portrayal is influential Greedy, manipulative, corrupt Negative connections with politics, judiciary, government, business and law enforcement power issue Need more policing of group to protect citizens
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'