CJC 101 Lecture Notes - Lecture 15: Public Defender, Preliminary Hearing
31 Oct 2016
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Which cases to prosecute, what charges to bring and what sentence to ask for. Federal level: us attorneys general appointed b president. Determines cases to prosecute, what charges to file, recommends bail, approves agreements, and influences the judge"s decisions. No set guidelines for prosecutorial decisions, publicity can influence decisions. Reasons for declining to prosecute felony cases in four cities. Inconsistent sentencing by judge degrades faith in plea bargaining. Preliminary hearing, within 10 days, provides assessment of case strength. Novices often plea bargain too quickly, sometimes in their own interest. Experienced defense attorneys learn to plea bargain more effectively. Usually offers the most appropriate punishment in light of the court"s resources. Low pay, and low status for defending criminals. Defense attorneys must establish and maintain relationships with. Can appear to be working for the system instead of the client. Used primarily in western states with small populations. Critics concerned contracts go to lowest bidder, regardless of qualifications.
