CRJ 203: Exam 2 Study Guide OFFICIAL

How can judges be removed from their jobs for misconduct? What's the process?

--Unfit does not necessarily mean corruption, it can have to do with the judges health --Formal methods for removing unfit judges—recall elections and impeachment proceedings --Informal methods: asking them to step down Processes: State: There are commissions that look over what is going on and try to either have them quietly retire or make them step down. There may be forced removal of a judge if they do not cooperate Federal: To remove judges the house or judicial councils conducts the impeachment process (ex. Conduct and Disability Act)

career criminals

A person who repeatedly violates the law and organizes his or her lifestyle around criminality.

local prosecutor

General term for lawyers who represent local governments (cities and counties, for example) in the lower courts; often called "city attorneys" or "solicitors."

U.S. attorneys

Government lawyer that represents the US government at the district court level (trials).

U.S. solicitor general

The U.S. government's chief legal counsel, presenting the government's arguments in cases in which it is a party or in which it has an interest.

Recognize possible tensions between lawyers and clients.

Lawyers sometimes view their clients as not telling them the whole truth about a case and at times seeking to manipulate their lawyers. Defendants may view their attorneys as not fighting hard enough for them and seeking to accommodate the judge and prosecutor

Discuss how the courtroom work group affects how defense attorneys represent their clients.

Lawyers who work within the parameters of the courtroom work group receive benefits for their clients, including more case information from prosecutors and perhaps better plea bargains. Lawyers who are less cooperative find that they do not get favorable case-scheduling considerations and get less favorable plea bargains.

Analyze the importance of legal ethics to the defense of criminal defendants.

Legal ethics seek to ensure that lawyers will zealously advocate for their clients. Lawyers must assert a valid defense and ensure confidentially. But legal ethics places professional limits on how far that advocacy may go, including not using perjured or misleading testimon

civil protection order

court order requiring a person to stay away from another person

indigents

defendants who are too poor to pay a lawyer and therefore are entitled to a lawyer for free

victim impact statements

descriptions of the harm and suffering that a crime has caused victims and their survivors

judicial election

method of judicial selection in which the voters choose judicial candidates in a partisan or nonpartisan election

contract system

provision of legal services to indigent defendants by private attorneys under contract to the state or county

privileged communication

statements made in private, during the existence of certain relationships, that cannot be used as evidence in civil or criminal trials (clients to attorneys)

Missouri Bar Plan

the name given to a method of judicial selection combining merit selection and popular control in retention elections

contempt

the offense of being disobedient to or disrespectful of a court of law and its officers. The judge may find the lawyer in contempt of court and impose a small fine or a brief jail term.

American Bar Association (ABA)

the professional interest group that has the most influence on the President and his choice of a federal judge

absolute immunity

the total immunity of a prosecutor from a lawsuit Imbler v. Pochtmon (1976): Prosecutors enjoy absolute immunity from civil liability when initiating and pursuing a criminal prosecution.

state attorney general

a state's chief legal officer, usually responsible for both civil and criminal matters

focal concerns theory

a way of explaining judicial decision making, primarily as it relates to criminal sentencing. Focuses on blameworthiness, protection of the community, and the practical constraints and consequences of the sentencing decisions

judicial independence

ability of judges to reach decisions without fear of political retribution

retention election

an election in which voters are asked to confirm or reject a judge's appointment to office

defendant

an individual or group being sued or charged with a crime

judicial conduct commission

an official body whose function is to investigate allegations of misconduct by judges

public defender

attorney who works for the state and defends people who cannot afford a private attorney

What did Gideon v. Wainwright hold? Explain the issues that came after this ruling:

-Indigent felony defendants have the right to appointed counsel for criminal cases in state courts when you may be jailed -You get the attorney when you are in a critical stage, if its not a critical stage you do not have a right to a lawyer

How are we currently balancing the interests of "judicial independence" and "judicial accountability"?

-Judicial Independence: This could be questioned by other government branches and the general public, the judges do not want to be questioned -Judicial Accountability: the public and government also want to hold the judges accountable To balance these we have: -The checks and balances and we have judicial selection techniques that help us balance these State vs. Federal State: Elections (More emphasis on judicial accountability because judges are elected by the people) Federal: Executive Appointments (Example: if you get appointed for a term as a judge you have a job for life you are leaning more towards Judicial Independence, the public can't do anything about your job unless there is misconduct) Missouri Plan "merit selection": appointed judges, you can only appoint people from a select list that a committee puts together. It has some public involvement as well as government involvement. Has elements of both independence and accountability

You are a prosecutor who is instructed with reducing crimes in you region, including prostititution, public intoxication, drug use, and similar crimes.

-What are some traditional approaches? Traditional approaches include tossing people in jail and potentially sending them to prison. Filing charges and sending them to be convicted. -What are some ways to reform this? Some ideas for reform could include problem solving courts. Using problem-oriented approaches like half-way houses and offering counseling and rehabilitation.

qualified immunity

A defense which protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

impeachment

A formal document charging a public official with misconduct in office

What are 3-4 methods of selecting our judges? What's the historical progression on this in the U.S?

1) Executive appointments 2) Partisan Election 3) Nonpartisan Election 4)Merit selection (Missouri Bar Plan)

chambers

A judge's office.

Interpret the four major legal issues surrounding the right to counsel.

After Gideon v. Wainwright established a right to counsel for indigent felony defendants, courts have wrestled with four areas: (1) right to counsel in nonfelony prosecutions, (2) stages of the criminal process, (3) ineffective assistance of counsel, (4) self-representation

Analyze the principal factors affecting prosecutorial ethics.

As governmental officials, prosecutors are largely immune from civil lawsuits, and if an error is made, an appellate court reversal is the typical remedy.

What is the best, or better, system for representing indigent clients?

Assigned counsel systems involve the appointment by the court of private attorneys from a list of available attorneys on an as-needed basis. The list may consist of all practicing attorneys in the jurisdiction or, more commonly, the attorneys who volunteer. There is great variability in how lawyers on the list are actually appointed to represent a particular client --Critics of the assigned counsel system contend that inadequate compensation pressures attorneys to dispose of such cases quickly in order to devote time to fee-paying clients. Contract systems involve bidding by private attorneys to represent all criminal defendants found indigent during the term of the contract, in return for a fixed payment --The primary advantage of contract systems is that they limit the costs government must pay for indigent defense. Critics counter with two types of concerns. The first is that contract programs will inevitably lead to a lower standard of representation through the bidding system, which emphasizes cost over quality. The second is that the private bar will no longer play an important role in indigent defense

Explain the major factors affecting the work life of assistant district attorneys.

Assistant district attorneys are typically young lawyers who must learn how law in action is practiced, seek promotions to prosecuting more serious crimes, and are often loosely supervised.

removal

Conviction requires a two-thirds vote of the senators present and carries with it removal from office and disqualification from hold- ing any future office.

List the three characteristics of defendants.

Defendants are overwhelmingly male and mostly economically underclass, and racial minorities are overrepresented.

What are notable types/categories of victims (or crimes suffered by victims), according to the text's historical areas of focus?

Domestic Violence Victims Murder victims families Drunk driving victims

officer of the court

Lawyers are officers of the court and, as such, must obey court rules, be truthful in court, and generally serve the needs of justice.

Explain the difference between the impeachment and the removal of a federal judges

If the House of Representatives votes articles of impeachment charging a federal judge with serious misconduct, the Senate conducts a trial and may remove the judge from the bench

Describe the activities of state judicial conduct commissions.

If the state judicial conduct commissions find merit to a complaint about a judge, they often work informally to correct the problem. But if the problem is a serious one, the commission may recommend to the state supreme court that the judge be removed from offic

Discuss the prior relationships between defendants and victims and why this is important in domestic violence cases.

In roughly half of the crimes of violence, the defendant and the victim had a prior relationship. Prior relationships are most notable in domestic violence cases, in which the battered woman is not always interested in criminal prosecution.

right to counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

assigned counsel system

Judge appoints a private lawyer selected from a list of attorneys to represent indigent defendants in criminal proceedings

Name the three major ways that judges are selected in the United States.

Judges are appointed by executives (like governors and the president), elected by the voters, or appointed through a merit selection proces

Discuss the role of the judge within the courtroom work group.

Judges are the most prestigious members of the courtroom work group, but they are expected to be reasonably responsive to lawyers and are also under pressure to move the docket.

Primary Duties for Judges

Judges set bail and revoke; they determine whether sufficient probable cause exists to hold defendants; they rule on pretrial motions to exclude evidence; they accept guilty pleas; if a trial takes place, they preside; and after conviction, they set punishment They may serve as referees

What are the characteristics of a stereotypical defendant according to the chapter?

Male Younger Uneducated Lower class Overrepresentation of racial minorities Alcohol/Drugs are associated Mental illnesses

Describe how court actors view victims and witnesses.

Members of the courtroom work group become frustrated when victims and witnesses do not cooperate and are intimi- dated by the defendant or the defendant's friends and family.

gubernatorial appointment

Method of judicial selection in which the governor appoints a person to a judicial vacancy without an election.

Explain why most lawyers do not represent criminal defendants.

Most lawyers practice civil law because it is more lucrative, they have higher prestige, and they have fewer problems dealing with clients.

Why are both the courtroom workgroup and victims (or witnesses) sometimes mutually frustrated with each other?

Often times victims do not understand how the system works and so it's frustrating because the process doesn't work effectively. Victims have to relive their experience again and again and so it becomes frustrating for them because they are forced to experience repeat victimization.

Recognize major changes in the composition of the bench over the past several decades.

Over the past several decades, the com- position of the bench has become more diverse, with a significant number of women and some racial and ethnic minori- ties being elected and appointed to the nation's courts.

In what ways has social media affected defendants?

People are posting all of their crimes or wrongdoings on social media. Things we post on social media affect cases later on because we may show who we "really are" on their social media. It can show your character. Even after your crime is done and has gone through the system. For example, I get a DUI and then post all over social media videos/pictures of me drinking I will most likely get a harsher sentence. It shows you have no remorse for your crime etc.

Outline two major examples of the expanding domain of the prosecutor.

Programs aimed at improving police-prosecutor relationships and community prosecution are two contemporary examples of the expanding domain of the prosecutor

Pros and Cons of the Job for Judges

Pros --Often high salaries --Can appoint friends to various positions --Job security --Respect (prestige) Cons --Heavy caseload --Administrative problems --Called a politician, administrator, bureaucrats, and lawyers all in one

pro se

Representing oneself. Serving as one's own lawyer.

Explain why some view victim programs as aiding victims whereas others view these programs as manipulating victims.

Some see the victims' movement as providing much-needed support for victims of crime. Others view the victims' movement as manipulating victims by providing symbols but no substance.

Model Rules of Professional Conduct

The American Bar Association's set of model rules that impose ethical obligations on lawyers to their clients and to the courts. Some variation of these rules have been adopted in all 50 states.

U.S. attorney general

The chief law enforcement officer in the United States and the head of the Department of Justice.

standby/shadow counsel

The lawyer appointed by a court to shadow a pro se defendant. The defendant may consult with the lawyer while representing himself or herself. The lawyer may also take over the case if the court revokes the defendant's right to self-representation either because of emerging questions of mental incompetence or if the defendant is abusive, threatening, obstructionist, or the cause of repeated, unnecessary delays.

judicial performance evaluations (JPEs)

The mechanisms used to assess how judges perform their jobs, often using a combination of ratings from lawyers assessing competency, fairness, temperament, as well as objective metrics, like caseload processing.

The Brady Rule:

The prosecutor is required to turn over exculpatory evidence

Discuss the two major characteristics of prosecutors in the United States.

The role of the prosecutor involves broad discretion and decentralization

prosecutor

The state or federal government attorney in a criminal case

Identify the three somewhat overlapping agencies involved in prosecution in state courts.

The three major agencies involved in prosecution in state courts are the state attorney general, the chief prosecutor, and the local prosecutor.

Compare and contrast the three systems of providing indigents with court-appointed attorneys.

The three major ways of providing indigents with court-appointed attorneys are (1) assigned counsel, (2) contract systems, and (3) public defender. Studies find no major differences between these three system in the results achieved

Describe the three most important entities in federal prosecution.

The three most important entities in federal prosecution are the U.S. solicitor general, the Criminal Division of the U.S, Department of justice, and the offices of 94 U.S. attorneys.

Analyze the consequences of different methods of judicial selection.

The various selection systems produce judges with very similar backgrounds, including local ties and past political involvement. No evidence exists that one selection system consistently produces "better" or "worse" judges than another, although research does reveal some differ- ences in judicial approaches to decision making.

Why don't most lawyers take on criminal defendants?

They don't take on criminal cases because they are seen as supporting whomever they are representing and may lose their reputation

How does immunity relate to prosecutor's work?

Two Types of Immunity include absolute and qualified: Absolute: complete freedom from civil liability—for everything they do with regard to the core prosecutorial functions even those motivated by ill will or bad faith, concerning filing or declining to file criminal charges, plea bargaining, and presenting arguments or evidence in court Qualified: when prosecutors are not acting as the government's advocate in some judicial phase of the criminal justice process, they enjoy only qualified immunity for their actions. Qualified immunity shields prosecutors from civil liability for acts beyond those associated with courtroom advocacy

Given the victims' rights movement, what kinds of programs have developed for victims?

Victim Advocates Victim compensation programs Bill of rights Victim Impact Statements

Identify three types of programs that are designed to aid victims and witnesses in coping with the criminal justice process.

Victim/witness assistance programs are designed to help better navigate the court process. Victim compensation seeks to provide economic assistance for victims of crime. And the Victims' Bill of Rights seeks to provide rights for victims because defendants already have rights.

Describe how victims and witnesses view the court process.

Victims and witnesses face frustrations in coping with the process (long waits and uncomfortable surroundings), experience travails in testifying, but overall exhibit surprising support for the system.

What is the victims' rights movement?

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

We often forget that victims and defendants have prior relationships. This affects the context of:

what happens between the two individuals.