psc 304 test two

prosecutor power decentralized

--most times states elect by local elections -it's decentralize -authority within state is limited to geographical jurisdiction or political subdivisions -remember the "dual cour" system 1. state-- prosecutors 2. federal-- prosecutors tremendous amount: autonomy, discretion, power

Monitoring and Addressing Judicial Conduct

-want judicial independence -but judicial ethics -judicial performance evaluations -judicial misconduct -judicial conduct comissions -impeachment (or private/public censor) is consequences for judicial misconduct. the point is to understand the system it's about the ability of the people and their character. Not all are without some issues. Ways to impeach. Is way to get rid of bad judges. Movement to increase judge accountability and organize work but need a balance: of independent and accountable judges.

Modern changes to the courthouse

1. increased security and court officers -courthouse, like adding metal detectors -jurors, so cannot be messed with 2. technology upgrades and "courtrooms of the 21st century" there is significant modern upgrades Courtroom Set-Up -judge is elevated, head of the courtroom -court reporter: close to the witness, writes everything down -court clerk: calls cases -Witness; close jury box -jury box -DA: closest to Jury Box -Defense: opposite side jury box

Providing counsel the state is responsible to pay to get counsel so the three ways:

1. assigned counsel 2. contract systems 3. public defender -prosecutor doesn't work for the judge, defense attorney job is to zealously represent their client

Qualified immunity

A justice actor's partial immunity from civil liability for acts with the scope of their professional duties and sanctioned by law. For prosecutors, such immunity applies only when they are acting in good faith that they are not violating any law or ethical rule of which a reasonable person in the prosecutor's position would be aware.

Prosecutor

A public official who represents the state in a criminal action

Privileged communications

A recognized right to keep certain communications confidential or private.

Focal concerns theory:

A theoretical perspective that seeks to explain sentencing disparities on the basis of three primary focal concerns: blameworthiness, protection of the community, and the practical constraints and consequences of the sentencing decision.

Speedy-trial laws

Federal or state statutes that specify time limits for bringing a case to trial after arrest. Some speedy-trials laws specify precise time standards for periods from arrest to arraignment, trial, and or sentencing.

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".

Prosecutors within the courtroom "workgroup"

Goals/ Mission: see justice is accomplished -to ensure justice -community protection: buck stops with the prosecutors, need everyone else to do their job. -victim advocates (defense just reps their client) -perpetrator accountability -counsel to police: directly related to responsibility and if they respect you -police/ prosecutor relationship is important: advice, coordination, and cooperation -different perspectives -different missions (probable cause vs. beyond a reasonable doubt) -same goals:: to protect the community

Guest Speaker Judge

Gordon Cuffy

Privileged communication (in lawyer client relationship)

can never be disclosed, only exception is if the client is saying he's about to commit another crime. Any conversation between the defendant and convict is confidential, never to be disposed, cannot even say when the client dies, someone did and lost his license. -Syracuse landmark case about privileged communication

Judicial Selection: Merit Selection

best intentions, Missouri bar plan. Submit applications to committee who then chooses 3 to go to governor who then chooses from those. Closest to "fake" out rules. -more states are adopting this

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 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.

Indicate why ethics is important to the American legal system

Legal ethics are important because they provide necessary boundaries on conflict represented by the adversary system and also seek to ensure clients that their lawyers are working in their best interest.

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 valid defense and ensure confidentiality. But legal ethics places professional limits on how far that advocacy may go, including not using perjured or misleading testimony.

Assigned council

common, show they're competent to get on this list. every judge in the jurisdiction has this list. Criteria if people cannot pay for a lawyer go to this list and the judge assigns council in this program. To be on the list must be competent. they have a director, make sure get money and cases to people. Private attorneys defend client on hourly wage by assigned council program.

Public defender

most common, independent office, structure like the DA office assigned defend in their jurisdiction. Again, one office, cannot defend both defendants. Have salaries, usually since they cannot protect both has assigned counsel in the jurisdiction too.

US Attorneys

officials responsible for the prosecution of crimes that violate the laws of the US; appointed by the president and assigned to a US district court

lawyer-client relationship view of clients by lawyers

privileged communication View of clients by lawyers -negative stereotypes -deception -reprehensible conduct *** clients just want to know the whole truth, but fear being lied to.

Judges

symbol of Justice -there's a judicial mystique: black robe, gavel, elevated position, respect -public perception: responsible for fair processing -not always true: judges don't always hold up this idea of public perception. Not perfect, sometimes acting in self-interest, lie, challenge to fights. Just reflection of type of people and lawyer they were.

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.

Integrity

being honest, moral... but doing the right thing always

Prosecutor's Role

-Investigative skills -questioning and cross-examining witnesses -case analysis (factual and legal) critical thinking to analyze -writing and drafting skills.. allows organize thoughts and convey message and tone -counseling/ advicing -negotiating skills -courtroom presence (trial attorney) -victim advocate.. understand victim can't control case you work to bring them to justice - administrator: organization, keep track of cases

Judge "The Job"

-conduct trials (expected to be neutral umpires) -Rule on admission of evidence and objections (combo of discretion and law on the books, sometimes the judges don't even know the law) -pre-trial hearings -accept guilty pleas -written decision on motions field by lawyers -docket/calendar control.. must move cases make sure people aren't sitting around.

lawyer-client relationship view of lawyers by defendants

-distrust: see their part of the system -sometimes their's tension because the defendant is trying to get the best charge.

Frustrations of the Job Judge

-heavy caseloads/ administration problems can leave less time to spend on "lofty legal" issues -other system actors can limit the judges actions -criminal court judges have lower prestige than many other judges which is insane

Assistant Prosecutors

-high turnover because low salaries and few opportunities for advancement . -learning the job: observation, practical experience and socialization, training programs (not law school) "young prosecutor's syndrome" ... more teamwork, good job to have not like corporate -Office structure: depends on the size; specialized bureaus or units or "one-ADA-fits-all".. depends on size if people prosecute just one special crime, small depends maybe on rotation. -Supervision:(state) chain of command 1. DA 95% elected 2. first chief ADA 3. unit/bureau chief (3) 4. ADAs the chain command with rules, different DA's in counties and different hierarchy depending on size of jurisdiction.

Judge within the courtroom workgroup

-may defer decisions to other members of the workgroup -cooperation within the workgroup and/or effects or lack of cooperation may effect the administration of justice (like moving a case along fast to go to camp ect.) -active v. non active judges, some interject. -have potential to greatly influence the proceedings and actions of the other work-group actors

Assembly Line Justice

-means that excessive work load makes quick decisions, no justice -applying mass production techniques in order to process large caseloads (the image is mass plea bargaining) ^^^ this is Neubauer's definition -but weaknesses in labeling it this sometimes cases just go quick. People know the value of that case was, practiced people know what they're doing. -specialized and group processing -plea negotiations+ case dispositions are more a reflection of routine administration of justice. -"Assembly Line Justice" reconsidered: Studies debunk the perception that rapid disposal was a result of caseload pressures -this is scholarly assumption not getting justice while people who actually practice do not agree with this, they know their job

Judges learning the job

-most new judges are "amateurs" with no prior judicial experience -many have never been trial attorneys, scary they learn on the job. -master criminal law and procedure -preform administrative tasks -learn to adjust to new role -judicial education and training there is.

People vs. Nicholas Wiley

-murder in the 1st degree -murder in the 2nd degree -criminal possession of a weapon Prove similar fashion or common scheme: 1. location 2. opportunity 3. use of knife or sharp instrument 4. similarities of wounds and injuries 5. multiple stabbings 6. slashed throats 7. binding, same, same wire 8. clean up attempt 9. method of disposal 10. motive: rage- don't have to prove -could not be tried for two years because of the media, irresponsibly released statements to newspapers, so needed an impartial jury they couldn't get.

Factors Exerting Judicial Influence

-personal management style, set traditions ect. -stability and familiarity within the "workgroup" -# of judges in jurisdiction and the assignments of these judges -small jurisdiction vs. large jurisdictions some judges have specified trials they hear or they can have to hear everything. -Is "judge shopping common?" good job assigning is by a wheel, OR had the defendant before and are trying them again so no they assign on like a wheel process. Less significant cause assign cases

Quality and Qualifications on Judges

-there is NO real criteria and qualification -salary -length of term -prestige of position- important to the quality of judge because could make them happy and feel honorable -personal job satisfaction... or not.

Judges role in plea negotations

-varies from state to state, jurisdiction to jurisdiction, and judge to judge 1. no participation 2. some participation 3. active participation

"The Courtroom Workgroup"

1. Judge 2. Prosecutor 3. Defense attorneys (all work to get to justice) -need trust and cooperation to get through cases -absolutely trust people more than others and some judges you do not know and not ethical always and there are bad judges too -so trust and cooperation: trust and experience -mutual interdependence: prosecutor makes claim, defense may accept or counter the offer, and the judge can chime in too. (some may not know the strength of the case over charges or denies good offer and that dwindles their reputation) -prosecutors tend to over charge.. which is a bit counterproductive... mutual interdependence, judge relies on prosecutor give a fair offer -socialization that foes on to know people in the work group, know who the judge and the opponent is, understand who everybody is. -shared decision making: ex. can get this but don't think can prove this. Insanity/ disturbance can make shared decision making -variability and stability: don't know if you'll get maverick as someone prosecuting, or judge you don't know who's mean. If adversary will try or not a case, respectable, lie, or misrepresent... If lie won't be trusted if know what to expect, newer prosecutors takes awhile for stability, extreme posturing does not work, dwindles out.

Judicial Selection

3 ways a judge is selected in the US 1. merit selection 2. appointment 3. election all three methods of selection produced much more diversity on the bench.

Pro se

Acting as one's own attorney in court; representing oneself.

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 non felony prosecutions, 2. Stages of the criminal process 3. Ineffective assistance of counsel, and 4. Self-representation

Public defender

An attorney employed by the government to represent indigent defendants.

Clerk of court

An elected or appointed court officer responsible for maintaining the written records of the courts and for supervising or preforming the clerical tasks necessary to conduct judicial business.

Retention elections:

An election in which voters decide if a sitting state court judge should be retained on the bench or relieved of judicial office.

Judicial conduct commission

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

Federal Prosecutors --- more on blackboard

Are centralized headed by the president and controlled by the Attorney General of the US -paid more, drive bus on investigations and drive bus on containing evidence. No criminal investigation can happen by federal authorities without US attorney (unlike the state who cannot dictate what the police do) -so they chose what cases to prosecute and don't have bulk of cases don't do "street crime" -soliciter general top appellate level-- Supreme court cases s/he does -FBI director reports to the Attorney General ... control the case

Assigned Counsel systems

Arrangement that provides attorneys for persons who are accused of crimes and are unable to hire their own lawyers. The judge assigns a member of the bar to provide counsel to a particular defendant.

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.

Socialization

As used in the court setting, the process in which new members of the courtroom work group learn the norms, values, behaviors, and skills expected of them in a professional position.

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.

Describe why discretion is found in the criminal courts.

At every key stage of the criminal court process, humans must apply the law. Choices are made on the basis of legal judgements, policy priorities, and values and attitudes of the actors.

Have a general sense of who works where in the courthouse

Bail bondsmen have their offices outside courthouses. Judges, lawyers, clerks, court stenographers, law clerks, and bailiffs work inside the courtroom. Clerks of court and court administrators work behind the scenes.

Normal crime

Categorization of crime based on the typical manner in which it is committed, the type of defendant who typically commits it, and the typical penalty to be applied.

Legal ethics

Codes of conduct governing how lawyers practice law and how judges administer justice.

Absolute immunity

Complete immunity from civil lawsuits. In the case of prosecutors, absolute immunity shields them from all civil liability for actions taken in connection with the traditional role of courtroom advocacy on behalf of the government.

Crime control vs. Due process outlook on defendants to criminals

Crime control model: we spend too much money for people who have committed a crime to defend them. Due Process model: spend too little. there is a myth that public defenders aren't good that's not true that's a myth, they aren't any worse than other lawyers, also prosecutors do get more resources they have more to prove have the burden of proof.

Prosecutors have Broad Discretion

Decide whether or not to prosecute (can dismiss someone clearly on way to rehab) -decide what charges -to offer plea bargain or not -dictate sentence Political or public perception will vary with jurisdiction (and with individual prosecutors)... depends on what side of the table you are on, defendants can love or hate prosecutor discretion, so with this broad discretion also comes haters -gives prosecutor power and authority.. lots of it... lots of responsibility understand what you are doing to someone]

Indigents

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

Judicial Selection: Executive Appointments

Executive chooses which means a governor or president and then that selection is confirmed by the senate/state senate

Explain the difference between the impeachment and the removal of a federal judge.

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 office.

Name the three major ways that judges are selected in the USA

Judges are appointed by executive (like governors and the president,) elected by the voters, or appointed through a merit selection process.

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.

Explain why law in action approaches to court delay are more effective than law on the books approaches

Law in action approaches to solving the problem of delay can prove effective because they focus on coordinating the activities of the key actors in the courthouse. Without such coordination, the local legal culture is unlikely to be changed.

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.

Gubernatorial appointments

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

Judicial elections

Method of judicial selection in which the voters choose judicial candidates in partisan or nonpartisan elections.

Contract systems

Method of providing counsel for indigents under which the government contracts with a law firm to represent all indigents for the year in return for a set fee.

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.

Judicial independence

Normative value that stresses a judge should be free from outside pressure in making a decision.

Impeachment

Official accusation against a public official brought by a legislative body seeking his or her removal.

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

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

Delay

Postponement or adjournment of proceedings in a case; lag in case-processing time. 1. unacceptable time lapses in prosecution of cases 2. consequences: principles and rights may be compromised or jeopardized. (each state has saturatory time, usually 6 months after arrest has to go on record and say on record ready to go to trial, or can wave speedy trial) -consequences for prosecutor: case could get dismissed if don't announce trial in speedy trial clock -6th amendment right to speedy trial -societal protection: some cases do not want to wait around, right for defendant and public safety. -public confidence in system, try someone quick -strains on resources: even on defense attorneys because don't make lots of money so people don't want that job. Limited prosecutors. Also limited on judges and courtroom needs ... gets back to moving cases quickly or no trials for 2 years? 3. Assessing costs of delay: forced please or leanent sentencing

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.

Judicial Selection: Election

Pure politics, difference: judicial race cannot attack opponent, or talk about what you'll do as a judge. Keeps the elections somewhat civil but this is also bad because the public doesn't really get to know the candidate because they cannot criticize their opponent or tell decisions they would make beforehand, must go case by case. Let the people decide but they're deciding blindly don't really know the candidate. But most judges are selected by election. Some appointed. Kinda corrupt with judges rules on running.

Horizontal Prosecution (case management)

Someone else handles it at different places -- or combo of both

Right to counsel

Right of the accused to the services of a lawyer paid for by the government, established by the Sixth Amendment and extended by the Warren Court (gilden v. wainwright) to indigent defendants in felony cases.

Guest Speaker

Scott Brenick -defense attorney

Vertical Prosecution (case management)

Some ADA handles case start to finish. Continuity with victim much continuity but usually hard to do in some jurisdictions.

Contrast differing understandings of why delay is a problem in the courts

Some see delay as a problem because it works to the disadvantage of the prosecutor, others see delay as a problem because it jeopardizes the rights of defendants, and still others see delay as a problem because it reflects a waste of resources.

Discuss the strengths and weaknesses of speedy-trial laws

Speedy trial laws reflect a law on the books approach to problem solving. Although these laws have the advantage of calling attention to delay as a problem, they are limited because they provide no mechanisms to deal with discretion.

The Courthouse

Supposed to be a physical embodiment of the criminal justice system. And they were designed that way, symbolism of architecture is strength. -usually located in an (inconvenient) city -symbolism in the architecture, strength+power -usually old but not conducive for technology and secure holding for criminals with too many entrances, so most criminal cases are in newer buildings. -courtrooms: appear to be social anarchy: but there is a defined and obvious hierarchy of players and people. Courtroom set-up design also serves purpose of establishing the hierarchy and dynamics: ex. the judges robes and elevated higher -behind the scenes bureaucracy separate entrances

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.

State Attorney General:

The chief legal officer of a state, representing that states in civil and, under certain circumstances criminal cases.

Analyze the importance of assembly-line justice

The concept of assembly-line justice stresses the high volume of cases in courthouses and the emphasis on moving the docket.

Identify the principal actors in the courtroom work group.

The courtroom workgroup refers to the regular participants, such as judges, prosecutors, and defense attorneys, who interact on a daily basis.

Assembly-line justice:

The operation of any segment of the criminal justice system in which excessive workloads result in decisions being made with such speed and impersonality that defendants are treated as objects to be processed rather than as individuals.

American Bar Association (ABA):

The largest voluntary organization of lawyers in the United States.

Discretion

The lawful ability of an agent of government to exercise choice in making a decision. -what makes our system so great in applying justice to each individual. Is not just a formula, it's the heart of the criminal justice system. -using one's own judgement to make decisions rather than relying on specific rules: 1. legal judgment 2. policy priorities 3. personal philosophies -can decide to not charge all way up to max sentence .. (as long as decision is not based on discrimination) So important in the system and how cases are resolved (... some DA's can run saying they won't try some crimes or prosecute some) ... media jumps on reduced charge and sometimes see police charge as only charge without looking into the facts of the case and they write "plea negotiation"

Missouri Bar Plan

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

Chambers

The private office of a judge.

Courtroom work group

The regular participants in the day-to-day activities of a particular courtroom; judge, prosecutor, and defense attorney interacting on the basis of shared norms.

Discuss the two major characteristics of prosecutors in the US

The role of the prosecutor involves broad discretion and decentralization

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

The three major agencies involved prosecution in state courts and 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 systems in the results achieved.

Describe the three most important entities in federal prosecution

The three most important entities in federal prosecution are the US Solicitor General, the Criminal Division of the US Department of Justice, and the offices of 94 US Attorneys

Analyze the consequences of different methods of the judicial system

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 differences in judicial approaches to decision making.

US Solicitor General

Third-ranking official in the US Department of Justice; conducts and supervises government litigation before the Supreme Court.

Removal

To dismiss a person from holding office.

Case Management

Vertical Prosecution vs. Horizontal prosecution

Routine administration

a matter that presents the court with no dispute over law or fact.

Addressing Delay

differences in delay -speedy trial statutes (law on books) -case scheduling and coordination (law in action)... many defense attorneys ask for delay in court, cases do not get better for prosecutors over time, the witness can leave, so delay works out better for the defense (and law for speedy trial was made for them) and courtroom workgroups schedules have to mesh and they have many cases.

Policies prosecutors

ethical considerations (1st) practical considerations philosophical considerations political considerations (could promise electorate what crimes to focus on, responding to constituents concerns.. not always bad) current problems and realities: can shift resources to address issues ex. opiodes

Legal Ethics .... blackboard more on this

good conduct or bad conduct -morality or moral component -what's best option when no good option exists?

State Level Prosecutors

has many types of names for prosecutor, depending on the state, could be any one of those names but all the same roles.... -local prosecutor -district attorney -prosecuting attorney -attorney general -city attorney -corporation counsel 95% all prosecutors are elected, chief law enforcement officer in that jurisdiction they chose to prosecute or not.

US Attorney General

head of the Department of Justice; nominated by the president and confirmed by the Senate.

Judge: benefits of the job

high level of prestige and respect -long terms of service, don't worry about reelection -seen as capstone of successful legal career -higher end salary scale for public servants -may have "patronage power" hire people

contract system

very rare, problem with is not working in many jurisdictions, makes conflict. You send a contract to a law firm to defend, and issues and constitutionally iffy.. rare but exists. Cannot defend all in the same case so would need a different firm to do some.