ch 10: Prosecution and Defense
ch 10: Prosecution and Defense Criminal Justice 101
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Criminal Justice 101
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This 0 page Class Notes was uploaded by Savannah Tipton on Friday November 6, 2015. The Class Notes belongs to Criminal Justice 101 at Ball State University taught by Jennifer Christman in Summer 2015. Since its upload, it has received 43 views. For similar materials see Introduction to American Criminal Justice System in Criminal Justice at Ball State University.
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Date Created: 11/06/15
113 Chapter 10 Prosecution and Defense The prosecutorial system 0 Separate federal and state levels Both make discretionary decisions 0 What cases to prosecute what charges to le and what sentences to askfor Federal level US attorney general appointed by president State level elected of cials district or county attorneys o Elected at county level The prosecutors in uence Determines cases to prosecute what charges to le recommend bail approve agreements and in uence the judges decisions Interact with all players defense police victims judge etc o No set guidelines for prosecutorial decisions publicity can in uence decisions Prosecutors elected in nearly all states Role of prosecutor look in book gure 103 for reference Bail appointment Presents charges indictment or information Gather evidence for trial Recommendations for sentences Counter arguments upon appeal of sentence Key relationships of the prosecutor With police 0 Provide suspects and evidence 0 Decide which cases are over 0 Prosecutors exercise quality control ex lf evidence can be used 0 With victims and witnesses 0 Success depends on cooperation o Victim39s character in uence case The prosecutor s role 0 The quotprosecutor s dilemmaquot o quotconviction at any costquot complex prosecution often more focused on securing a case against the defense rather than focusing on ensuring justice is done Advent of DNA testing older cases 0 Not published for wrongful convictions Four distinct roles 1 Trial counsel for police 2 House counsel for police 3 Representative of the court 4 Elected of cial Discretion of the prosecutor Charge suspect or dismiss the case 0 Complete authority over case 0 Department ofJustice guidelines for dismissal ability to drop charges law enforcement priorities deterrent effect seriousness of offense etc 0 Determine speci c charges counts 0 Often leverage for plea agreements Reasons for declining to prosecute felony cases 0 reasons for declining to prosecute felony cases Judges and courts Prosecutor s case depends on judge o Inconsistent sentencing by judge degrades faith in plea bargaining 0 Preliminary hearing within 10 days provides assessment of case strength Prosecutor presents evidence probable cause 0 Prosecutor seeks to uphold community values Decision making process 0 Implementation prosecution policy 0 3 policy models 1 Legal suf ciency look at evidence strong enough to continue with case 2 System suf ciency burden already on the court cases with quick guilty plea take it if lowering charges is likely to increase chance of getting a guilty plea do it 3 Trial suf ciency if the case will hold up in trial 0 Case evaluation 0 Accusatory process from arrest to charge being led 0 Demographic discrimination in terms of race or gender Court process in general not discriminatory Some types of cases very discriminatory statistically 115 Roles of the defense attorney Advises defendant of constitutional rights throughout the process 0 Must have 0 Knowledge of the law 0 lnvestigatory skills 0 Advocacy experience 0 Relationship with courtroom players 0 Frequently confers with the family Realities of the defense attorney s job Novices often plea bargain too quickly sometimes in their own interest Experienced defense attorneys learn to plea bargain more effectively 0 Usually offers the most appropriate punishment in light of the courts resources The environment of criminal practice 0 Long hours and job stress 0 Low pay and low status for defending criminals 0 Potential for higher pay when associated with a larger rm Rampant burnout high turnover rate 0 Few practice beyond age 50 Relationship to court officials Defense attorneys must establish and maintain relationships with 0 Police 0 Prosecutors o Judges etc 0 Can appear to be working FOR the system instead of for the clients 0 Relationship to clients 0 Agentmediators Counsel for indigents 6th amendment right to counsel Nearly 80 provided counsel Quality of defense is questionable Ways of providing counsel 0 Assigned counsel court appoints a private attorney to represent the accused 0 Contract counsel an attorney a nonpro t organization or a private law rm contracts with a local government to provide legal services to indigent defendants for a speci ed dollar amount 0 Public defender39s of ce are public or private nonpro t organizations with fulltime or parttime salaried staff Assigned counsel 0 Ad hoc 0 Private practice attorney appointed from rotating list Coordinated list 0 Court administrator oversees the appointment of counsel Contract system 0 Used primarily in western states with small populations Contracted attorney handles all indigent cases 0 Critics concerned contracts go to the lowest bidder regardless of quali cation Public defender Concept started in Los Angeles 1914 Handles 85 of all indigent defenses Clients trust dif cult to gain why 0 Public defenders are seen as a cog in the system 0 Often work towards pleas clients feel as if they are not adequately defended Heavy caseloads does this lead to lack of appropriate rigorous representation Public vs Private Defense Wealthy are better able to retain competent counsel Competence of defense is an ongoing concern for the accused Innocent people have been incarcerated due to behavior of public defenders assigned by court 0 Public defense system has problems Case disposition and types of defense attorneys El rlr rr l v t V EASE L lSP SlTlllil liliil TYPES