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The prosecutor

The prosecutor. The prosecutor. District Attorney County Attorney state’s attorney US Attorney. Duties of a prosecutor. Enforce the law Seek justice convict the guilty American Bar Association standards. Prosecution priorities. Major felonies Violent offenses Rapes

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The prosecutor

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  1. The prosecutor

  2. The prosecutor • District Attorney • County Attorney • state’s attorney • US Attorney

  3. Duties of a prosecutor • Enforce the law • Seek justice • convict the guilty • American Bar Association standards

  4. Prosecution priorities • Major felonies • Violent offenses • Rapes • White-collar crime incorporate offenders • Environmental crime • career criminals • protect public health

  5. Case factors • The attitude of the victim • The cost of prosecution to the criminal justice system • The avoidance of undo harm to the suspect • The availability of alternative procedures • The use of civil sanctions • The willingness of the suspect to cooperate with law enforcement authorities

  6. Case rejection • Insufficient evidence • unreliable witness • The interests of Justice • Constitutional problems • Plea on another case • Pretrial diversion • Referral for another prosecution

  7. Defense attorneys (advocates) • The legal counsel for the defendant in a criminal case • A right granted even for indigent defendants • A Six Amendment Right • Gideon V. Wainwright • Arsinger v. Hamlin • Miranda v. Arizona

  8. Functions of the Defense Attorney • Investigation • Interview • Negotiate • Represent • File motions • Assist in sentencing

  9. Defense Attorney considerations • Low pay • Looked down upon • Few law school courses cover defense • Cross examining to discredit witnesses • Putting witnesses on stand who will commit perjury • Tempt client to commit perjury • Knowledge of ongoing criminal activities of client

  10. Indigent Defense • Over 4.5 million clients • Defendants repay services, known as recoupment • Costs $1.5 billion annually • Public defender • Assigned counsel • Contract system • Law school clinics

  11. Taylor v. Illinois affirmed conviction despite defense attorneys error • Strickland v. Washington deficient performance of counsel

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