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Lecture 2

CRJU 313 Lecture Notes - Lecture 2: District Attorney, Mandatory Sentencing, Three-Strikes Law

39 pages97 viewsFall 2015

Department
Criminology and Criminal Justice
Course Code
CRJU 313
Professor
Leasure
Lecture
2

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Chapter 5 09/25/2015
Prosecutors
Overall job
oRepresent the state in criminal trials
oSeek justice
Not just to convict
oHas the most power in the criminal justice system
Power through discretion
State vs. Federal
oFederal
Appointed
When a new president takes office, most are let go
Problems with this?
Possible lack of experience
They have autonomy, so they don’t have to worry
about public pressure
oState
District attorney
Elected
Usually a 4 year term
Problems with this?
Not everyone votes
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They are trying to get reelected, so they are
looking to appease the public
oAt will of the people
oCould be good or bad
Assistant attorneys
What kind of attorneys are they?
Just out of law school
Not for the money
To get trial experience
Horizontal model vs. vertical model
oHorizontal model
When multiple attorneys are applied to one case, but
each has a different stage in the case
1 lawyer will handle arraignments
1 will hear motions of evidence
1 will handle the specific trial
Usually used with lesser offenses
oVertical model
Every lawyer will work on the complete case
You will handle the case from arraignment to trial
Usually used with more serious offenses
Civil asset forfeiture
oTest:
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You can seize property from a crime if:
1. They either made proceeds from the crime
2. Or they used it in the crime
Before arrest duties:
oInteraction with police
The police will ask the prosecutor if they have probable
cause
The prosecutor will tell the police what kind of evidence
they will need at trial
After arrest duties:
oScreening cases to determine which cases to prosecute
Of those that are arrested, 50% to 1/3 are actually
prosecuted
These decisions cannot be reviewed
In rare circumstances, they can be if race was a
determining factor (discrimination)
To protect from intimidation/corruption
Decisions not to prosecute:
oReasons:
1. Money
Budgetary concerns
oWhat is used to determine whether or not to prosecute?
1. Nature/seriousness of the offense
Ex. It really isn’t that important to prosecute
someone for being intoxicated in public
But if you murder someone, you are more
likely to be prosecuted
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