CRMJ 254 Study Guide - Final Guide: General Counsel, Hallalhotsoot, Consumer Protection
19 May 2018
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Final Exam Study Guide CRMJ 254
Concepts to know for Multiple-Choice Questions:
Prosecutors: the goeret’s represetaties i riial adjudiatios file riial harges
on behalf of state)
• Represent the interests of the state & its people; high profile position (protecting public
from criminals)
• Work in the trial courts of the federal (jurisdiction over federal crimes) and state
systems (jurisdiction over state crimes)
• Federal Prosecutor Hierarchy = U.S. Attorney General → U.S. Attorneys → Assistant U.S.
Attorneys
• U.S. Attorney General
→
Considered chief lawyer of the U.S. government; member of
presidet’s aiet; head of the departet of Justie ad the federal ourt sste
(supervises all prosecutors within the District Courts of the federal court system & sets
policies & priorities for prosecutors in the federal court system); Appointed by
President, confirmed by Senate
• U.S. Attorneys
→
Head prosecutor for each of the District Courts in the federal court
system (1 assigned to each of the 94 District Courts; currently there are 93); Supervise
the activities of prosecuting attorneys working in their court; Appointed by President,
confirmed by Senate (serve 4-year terms, can be reappointed); Supervises large staff of
Assistant U.S. Attorneys (who are appointed by Attorney General at the request of U.S.
Attorney)
• State Prosecutor Hierarchy = State Attorney General → Local-Level Prosecuting
Attorneys → Assistant Local-Level Prosecuting Attorneys
• State Attorney General
→
Chief legal officer of the state; Will direct prosecutions in
cases that involve statewide issues (i.e., consumer protection, environmental issues,
criminal activity within state government); Elected by voters
• Local-Level Prosecutor (District Attorney, State’s Attore, Cooealth Attore,
Cout Attore…
→
Head of country-level (or municipal-leel proseutor’s offie
(over 2,000 within the U.S.); Vast majority of prosecutions in U.S. courts are handled at
this level; Elected in almost every state (unlike federal prosecutors); Supervises staff of
Assistant prosecutors, who are assigned individual cases for prosecution
• Their decisions send a message to the community about which criminal activities are
worthy of attention and which are ignored; Prosecutors Dilemma
→
prosecutor is
expected to everything within reason to obtain a conviction but must also ensure that
justice is done, and the defedat’s rights are respeted! (he/she should always act in
good faith!
• What are some of the important decisions prosecutors must make?
o Whether or not to prosecute → What factors most commonly affect the decision
to not prosecute? → Insufficient evidence, Witness problems (unreliability,
inaccessibility, etc.), I the iterest of justie to ot do so (might sympathize
with the accused), Due Process issues (questions regarding legality of police
search/interrogation, etc.), Accused is being prosecuted in another jurisdiction
find more resources at oneclass.com
find more resources at oneclass.com
• Related decision: filing a nolle prosequi
o We shall o loger proseute
o Decision to DIMISS or DISCONTINUE criminal charges after they have been filed
- No higher authority may force prosecutor to reinstate the charges
- Prosecutor eed’t proide a reaso
o Can happen any time between the initial filing of charges and either trial verdict
or guilty plea
• If charges ARE filed, must decide: What specific charges to file and how many counts of
each charge; Whether to actively pursue plea bargain negotiations (or enter into
negotiations if approached by defense); What sentence to recommend upon conviction
o Prosecutors SHOULD be influenced by only a few factors:
- Has a crime been committed?
- Has the perpetrator been identified?
- Is there sufficient evidence to support a guilt verdict?
• PROSECUTORS ARE NOT SUPPOSED TO BE UNDULY INFLUENCED BY POLITICS AND
OUTSIDE PRESSURES
o Professional and ethical errors a prosecutor might make as a result of outside
ifluee ad pressure is…
- Charging suspects with more than what can be reasonably supported by the
evidence
- Being influenced by → Desire to enhance their records of successful
convictions; Personal or political advantages of prosecuting (or not) a
particular case (prosecuting a popular figure might be politically damaging
and so might NOT prosecuting a very unpopular figure; Public opinion &
pressure (prosecuting simply because an inflamed public demands it)
o Many different factors might influence prosecutorial decision-akig… these
factors might affect:
- Proseutor’s deisio to file harges at all, or Severity of charges filed, or
Proseutor’s illingness to offer a plea agreement
• Concerns regarding the victim:
o Are the motives of the alleged victim questionable? (would he/she have reason
to lie about incident?); Is the victim willing to cooperate with prosecution (very
diffiult to pursue a proseutio he star itess is a uillig partiipat;
Coers aout the iti’s elfare – would experiencing a trial be harmful?
Defense Attorneys: role is to provide best possible legal counsel & advocacy within the legal
and ethical limits of the profession
• 6th amendment → I all riial proseutios, the aused shall ejo the right… to
hae the assistae of ousel for his defese.
• Defendants may waive their rights and represent themselves! A risk strateg…; Being
a defese attore is’t for eerod!!!
• The realities of the defese attore’s jo…
o The public often distrusts & misunderstands defense attorneys
find more resources at oneclass.com
find more resources at oneclass.com
o Defense attorneys must interact constantly with clients whose lives & problems
are troubling
o Criminal practice may not pay as well as other areas of law
o Many lients ill e guilty and this “guilty knowledge” which brings its own set
of hallenges and frustrations…
• Defending a guilty client? → honesty, communication, & trust between attorney and
defendant is critical; BUT remember It is NOT the responsibility of the defense attorney
to prove client is innocent or to pass judget o cliet’s guilt or iocece!
• Presumption of Innocence → All persons charged with crimes are entitled to a
RIGOROUS defense; Defense attorney is expected to present a meaningful test of
proseutio’s ase
• Attorney-Client Privilege: defense attorney cannot reveal content of communications
with client – including admissions of criminal involvement; absolutely sacrosanct but
does NOT apply to future crimes that are being planned but have not yet taken place
(only previous actions!)
• Defense lawyer absolutely CANNOT knowingly present false testimony (subornation of
perjury) → So if defense attorney knows client is guilty – best strategy is to avoid a trial
altogether and plead guilty; Ca’t put a guilt defedat o the stad at trial eause
he/she KNOWS defendant will have to lie!
• What are the major responsibilities of defense attorneys?
o Defedat’s Adoate:
- Pretrial investigation skills; Obtain pretrial release; Engage in plea bargain
talks; Defend at trial & attempt to prevent a conviction serig liet’s
interests in jury selection, utilize effective defense strategy, aggressive cross-
examination of prosecution witnesses)
- Secure best sentence possible; Cultivate good working relationship with
prosecutors and judges; Sometimes conduct the appeal upon conviction
o Protet defedat’s ostitutioal rights at eer stage of the process
o Provide psychological and moral support to defendant
- Expected to provide reassurance but must also realistically prepare client for
the worst; Not all defense attorneys have the time to do this!
• An effetie defense attorney… will seek to understand the facts of the case & the
ature of the proseutio’s eidee efore deidig the est ourse of atio for liet
o Discovery process & honest communication with client will help
o Defedat a alas rejet attore’s adie!
o For most criminal defendants, the best course of action is to avoid a trial and
enter a GUILTY PLEA
o Defense attorney must consider → what is the most favorable course of action
for my client, given the circumstances?
• To kids of dese attoreys…
o Priate pratie ounsel… hired by the accused to provide representation
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
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