crim 100 lesson 10 lecture

Lesson 10 Lecture : 

Lesson 10 Lecture Chapter 10: Prosecution and Defense

Lesson 10 Subtopics : 

Lesson 10 Subtopics The Prosecutorial System Politics and Prosecution The Prosecutor’s Influence The Prosecutor’s Role Discretion of the Prosecutor Key Relationships of the Prosecutor Decision-Making Policies The Defense Attorney: Image and Reality The Role of the Defense Attorney Realities of the Defense Attorney’s Job The Environment of Criminal Practice Counsel for Indigents Private versus Public Defense Attorney Competence

The Prosecutorial System : 

The Prosecutorial System Politics and Prosecution: In most jurisdictions, the chief prosecutor is an elected official. In the federal system, the Attorney General is nominated by the President and confirmed by the Senate. United States Attorneys, who are the highest ranking government attorney in each federal district, are also nominated by the President and confirmed by the Senate.

The Prosecutorial System : 

The Prosecutorial System The Prosecutor’s Influence: Prosecutors have great discretion and autonomy when deciding how to handle cases. Their preferences and decisions influence the other members of the criminal justice system.

The Prosecutorial System : 

The Prosecutorial System The Prosecutor’s Roles: Trial counsel for the police House counsel for the police Representative of the court Elected official

The Prosecutorial System : 

The Prosecutorial System Discretion of the Prosecutor: The prosecutor has broad discretion concerning filing of charges, plea negotiations, dismissal of charges, refusal to prosecute, trial strategy, and sentencing recommendations, to name a few.

The Prosecutorial System : 

The Prosecutorial System Key Relationships of the Prosecutor: Police Victims and Witnesses Judges and Courts Defense Attorneys The Community

The Prosecutorial System : 

The Prosecutorial System Decision-Making Policies: Implementing Prosecution Policy Legal Sufficiency System Efficiency Trial Sufficiency Case Evaluation Accusatory Process Grand Jury and Indictment Preliminary Hearing and Information

The Defense Attorney : 

The Defense Attorney The Role of the Defense Attorney: The defense attorney must be a “zealous advocate” for his/her client within the limits of the law.

The Defense Attorney : 

The Defense Attorney Realities of the Defense Attorney’s Job: Influenced by popular media, the public’s beliefs about criminal defense attorneys usually don’t match the realities of the job.

The Defense Attorney : 

The Defense Attorney The Environment of Criminal Practice: Relationship to Court Officials Relationship to Clients

The Defense Attorney : 

The Defense Attorney Counsel for Indigents: Sixth Amendment Right to Counsel Gideon v. Wainwright (1963) Ways of Providing Indigents with Counsel Assigned Counsel Contract Counsel Public Defender

The Defense Attorney : 

The Defense Attorney Private versus Public Defense: 85% of criminal cases are handled by publicly funded defense attorneys. Differences in quality and outcome of cases?

The Defense Attorney : 

The Defense Attorney Attorney Competence: Strickland v. Washington (1984) 2-Prong Test: Performance Prong: the attorney’s performance must fail to meet the standards of due care for the profession. Prejudice Prong: the attorney’s error was harmful to the defendant in the sense that it likely affected the outcome of the case.

The Defense Attorney : 

The Defense Attorney Please view the video, “To Defend a Killer”, by clicking here. If the video doesn’t play immediately, you may need to register (it’s free) with the site. After registering and logging on (if necessary), please click on the “VoD” link next to the “To Defend a Killer” episode (episode 2) to watch the roundtable discussion about the ethical obligations of and dilemmas faced by defense attorneys.