Weeks 1 & 2 Lecture Notes
Weeks 1 & 2 Lecture Notes CJUS P300: Prosecution
Popular in Topics in Criminal Justice: Prosecution
Popular in Criminal Justice
Mrs. Ryann VonRueden
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This 3 page Class Notes was uploaded by Katherine Rose on Friday January 23, 2015. The Class Notes belongs to CJUS P300: Prosecution at Indiana University taught by Mary Diekhoff in Winter2015. Since its upload, it has received 518 views. For similar materials see Topics in Criminal Justice: Prosecution in Criminal Justice at Indiana University.
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Date Created: 01/23/15
115l15 Notes The most powerful person in the criminal justice system is the prosecutor They are powerful both legally and ethically They are given a lot of discretion decides what to charge a person with whether charges should be dismissed if there is probable cause etc In the United States legal system there is a separation of powers into 3 branches of government These the branches are separate but equal in terms of power Legislative The rule makers Judicial The decision makers ensure that laws are being appliedm judges are in this branch Executive The rule enforcers prosecutors are in this branch The prosecutor upholds m the State and United States Constitution Federal prosecutors only uphold the United States Constitution State Constitutions can grant more rights but cannot restrict US Constitution rights The death penalty is currently seen as Constitutional nationally but it is illegal in Illinois because it grants you more rights Prosecutor A person who in a criminal action prosecutes another in the name of the government They represent the government Prosecutors M act in a fair manner Crime Violation of a law The purpose of committing someone of a crime is for the rehabilitation of the criminal Laws exist to maintain order in a society Statutes exist because of laws The government s job is to maintain the safetysecurity of its citizens Important concept for the class The first responsibility of a prosecutor is to administer justice What is justice The law is meant to be impartial Justice is fairness to be fair and do the right thing so it should be impartial This is why ladyjustice is blindfolded Prosecutors are an advocate for the government This requires them to prosecute with justice 120l15 Notes As a prosecutor you have to be concerned with many things 1 Jurisdiction Monroe county prosecutor an only prosecute crimes committed in Monroe a Indiana state prosecutor can prosecute crimes in any county in Indiana Federal and state governments do not interact much hardly ever State acts upon state laws If a federal law is broken the federal prosecutor will prosecute the crime They have federal jurisdiction Federal jurisdiction applies to crimes such as kidnapping terrorism and airplane laws while in air Prosecutors in a state government have jurisdiction in their state more specifically their county Indiana has 92 prosecutors They uphold and enforce the laws for their counties Prosecutors hire deputy prosecutors at the state level Prosecutors are lawyers they went to law school and have law degrees The ethics of lawyers still apply to prosecutors Prosecutors are in the executive branch of government Legislative branch determines the prosecutor s budget Determines amount of deputy prosecutors hired and the number of cases that are prosecuted Cases can include both state and federal crimes State prosecutor will generally pass the state charges to the federal prosecutor to charge package deal simpler process The federal prosecutor can request to take on the state case Crimes E be charged in both a federal and state court The primary focus of state prosecutors is violent offenderscrimes Why Most people believe those crimes should be prosecuted Murder rape robbery arson child molestation battery crimes involving weapons and drunk driving Communitites can have certain focuses and tolerances Think of Monroe country Bloomington sees many underage drinking violations and possession violations but they are not as heavily prosecuted here if at all because there is a tolerance here 122l15 Notes Defendant Person charged with a criminal offense Becomes part of the criminal justice system because the prosecutor is prosecuting them with a crime Defense lawyer Lawyer for the defendant Defendant can have a private defense lawyer or a public defender Why will the system grant you a public defender In the Constitution you have the right to an attorney Constitution contains the Bill of Rights Bill of Rights are the first 10 amendments to the United States Constitution Rather than rewriting the constitution they added them instead Bill of Rights 1 Freedom of Speech Press Religion and Petition 2 Right to keep and bear arms 3 Conditions for quarters of soldiers 4 Right of search and seizure regulated 5 Provisions concerning prosecution 6 Right to a speedy trial witnesses etc 7 Right to a trial byjury 8 No excessive bail or cruelunusual punishment 9 Rule of construction of Constitution 10 Rights of the States under the Constitution Number of amendments to the Constitution to date 27
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