Criminal Justice Chapter 10

Prosecutor

-A person who institutes legal proceedings against someone -Represents the people of the jurisdiction

Model Code of Judicial Conduct

-Adopted by the House of Delegates of the American Bar Association in 1990 -Provides a set of ethical principles and guidelines for judges

Public Defender

-An attorney whose full-time job is to represent indigent defendants -Appointed on an as-needed basis by the court

Ineffective Counsel*

-Attorney deficient in his or her performance -Results in prejudice to the defendant so serious as to bring the outcome of the proceeding into question

T or F? There is no difference from state to state how judges are elected*

-False -There are 5 methods for selection for US state court judges

Gubernatorial appointment

-Judge appointed by governor -No judicial nominating committee -However, may require confirmation by legislature or executive council

Legislative appointment/election

-Judges nominated and appointed/elected only by legislative vote

Qualities of "good judging"*

-Keenly aware they occupy a special place in democratic society -Aware of necessity for intellectual modesty -Do not allow the law to become their entire life -Must enforce courtroom civility

Commission-based appointment

-Merit selection or Missouri plan -A means of selecting judges whereby names of interested candidates are considered by a committee and recommendations are then sent to the governor, who then makes an appointment -In most, judges run unopposed in periodic retention elections, where voters are asked whether the judge should remain on the bench

Partisan election

-Multiple candidates seek same judicial position -Voters cast ballots -Candidates have party affiliations

Nonpartisan election

-No party affiliation designated on ballot

List 3 problems judges have (especially new judges)*

1. Mastering the breadth of the law they must know and apply 2. Administering the court and the docket while supervising court staff 3. Coping with the psychological discomfort that accompanies the (new) position

Who represents the guiding hand of council?

-The Defense Attorney

What is the primary problem regarding public defenders?

-The attorney may have little or no experience handling the criminal matter at hand

Prosecutors have the power to make what decisions?*

-The decision to charge -The type of charge -Whether to recommend granting/denying bail -Whether to entertain plea agreements and if so, the terms -Sentencing recommendations

Who is the gatekeeper of the criminal justice system?

-The prosecutor

What is difficult about saying "a judge can not act inappropriately"?

-The term "inappropriate" is hard to define -What types of behavior can be classified as "inappropriate"?

T or F? The prosecutor's duty is not to convict, but ensure justice is done*

-True

T or F? Transitioning from a lawyer to a judge can cause a number of psychological problems/issues

-True

T or F? The process of electing judges can be political

-True -The public should be skeptical of elected judges. The quality of justice received depends on the quality of the judges who dispense it.

Indigent Services

-ex) Griffin vs Illinois -There can be no equal justice where the kind of trial someone gets depends on the amount of money he has

List the 5 methods of judicial selection for US state court judges

1. Commission-based appointment 2. Partisan election 3. Nonpartisan election 4. Gubernatorial appointment 5. Legislative appointment/election

T or F? The prosecutor has restrained discretion and power

False -Discretion and power is nearly unfettered

T or F? It is the defense attorney's responsibility to see that the rights of the accused are upheld prior to, during, but not after trial

False -Even after the trial it is the defense attorney's responsibility to see that the rights of the accused are upheld

T or F? Good prosecutors will never establish rapport with the victim prior to trial.

False -Good prosecutors will try to establish a close relationship with the victim in order to understand their feelings/ideas and communicate well in order to better represent them

T or F? The judge is said to be the most powerful person in the criminal justice system*

False -It is said to be the prosecutor -The judge receives its power once there is a case initiated by the prosecutor

T or F? Judges are the primary decision makers in the court

False -Plea negotiations between prosecutors and defense councils occur -Probation officers can give sentence recommendations

T or F? The prosecutor is never called to the crime scene

False -Sometimes they are -Can help to gather evidence and see if there is a sufficient amount to bring charges

T or F? "Civil immunity" is something many other criminal justice systems implement

False -This concept is unique to our system of criminal justice

T or F? The salaries for lifetime federal and state positions are always higher than private practice lawyers

False -It CAN be less

T or F? There is no way to "invest" in judges

False -Special interest groups have ramped up their efforts to influence the composition of state courts -Election costs rose by $37 million dollars between 1990 and 2008

T or F? The prosecutor represents the people. Victims in particular.

True

T or F? The prosecutor is immune from prosecution for actions taken in their official capacity

True -Defendants cannot sue prosecutors for civil damages for how they handled a case

T or F? The prosecutor evaluates offense reports

True -Helps to determine whether there is sufficient evidence to bring charges