203 C H A P T E R 9 PRETRIAL PROCEDURES The Adversary System in Action OUTLINE • The Prosecution • The Defense Attorney • Truth, Victory, and the Adversary System • Pretrial Detention • Establishing Probable Cause • The Prosecutorial Screening Process • Pleading Guilty • Going to Trial • Criminal Justice in Action—The Plea Bargain Puzzle
Learning Objectives After reading this chapter, students should be able to: LO1: List the different names given to public prosecutors and indicate the general powers that they have. LO2: Contrast the prosecutor’s role as an elected official and as a crime fighter. LO3: Delineate the responsibilities of defense attorneys. LO4: Indicate the three types of defense allocation programs. LO5: List the three basic features of an adversary system of justice. LO6: Identify the steps involved in the pretrial criminal process. LO7: Indicate the three influences on a judge’s decision to set bail. LO8: Explain how a prosecutor screens potential cases. LO9: Indicate the ways that both defense attorneys and prosecutors can induce plea bargaining. Chapter Outline I. The Prosecution a. Criminal cases are tried by public prosecutors who are employed by the government b. Prosecutors may be referred to as prosecuting attorney, state prosecutor, district attorney, county attorney, or city attorney c. Have great autonomy and are considered dominant figures in the American criminal justice system d. Have the power to bring the resources of the state against the individual and hold the legal keys to meting out or withholding punishment e. The office of the prosecutor 1. During pretrial prosecutors have a great deal of discretion in decisions a. Whether an individual who has been arrested by the police will be charged with a crime b. The level of the charges to be brought against a suspect c. If and when to stop the prosecution 2. The attorney general is the chief law enforcement officer in any state, but has limited control over prosecutors within the state’s boundaries 3. Each jurisdiction has a chief prosecutor who is appointed or elected ii. The prosecutor as elected official 1. As an elected official, the prosecutor must answer to the voters 2. U. S. attorneys are appointed by the president and approved by the Senate iii. The prosecutor as crime fighter 1. Prosecutors are generally seen as law enforcement agents 204
2. Prosecutors and the police have a mutually dependent relationship a. Prosecutors rely on police to arrest suspects and gather evidence b. Police rely on prosecutors to convict those who have been apprehended 3. Prosecutors and the police have a basic divergence in the concept of guilt a. Police officers focus on factual guilt b. Prosecutors are focused on legal guilt f. The defense attorney i.
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- Spring '19
- Gideon v. Wainwright, criminal law, Lawyer, prosecutor