Chapter 7 notes pt. 4 Flashcards Preview

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Flashcards in Chapter 7 notes pt. 4 Deck (29)
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1
Q

the social organization consisting of the judge, prosecutor, defense attorney, and other court workers

A

courtroom work group

2
Q

the most important feature of any work group is that it’s a __________ ______.

A

cooperative unit

3
Q

List the members of the courtroom work group.

A
  1. the judge
  2. the prosecutor,
  3. the defense attorney
  4. the bailiff
  5. the clerk
  6. court reporters
4
Q

What are the responsibilities of the bailiff?

A
  1. maintaining security and order in the judge’ chambers and the courtroom
  2. leading the defendant in and out of courtroom, and attend to the needs of the jurors during the trail
  3. (in some jurisdictions) delivers summons
5
Q

a bailiff is often a member of the local _______ department but sometimes an employee of the court

A

sheriff’s

6
Q

What are the responsibilities of the clerk of the court?

A
  1. handling the paperwork

2. issues subpoenas for jury duty, and coordinates the jury selection process.

7
Q

In the federal system, judges ______ clerks, while state clerks are either __________ or, in nearly a third of the states, ______.

A

select
appointed
elected

8
Q

What are the responsibilities of court reporters?

A
  1. record every word that’s said during the course of the trial
  2. record any depositions or pretrial question/answer sessions in which a party or a witness answers an attorney’s questions under oath
9
Q

who is the dominant figure in the courtroom?

A

the judge

10
Q

true or false:a judge’s personal philosophy does not affect the court proceedings.

A

False: judge’s personal philosophy does affect the court proceedings.

11
Q

true or false: ideally a judge should be the most informed member of the court.

A

false; the judge should be the least informed member of the court

12
Q

an individual, acting as a trial lawyer, who initiates and conducts cases in the government’s name and on behalf of the people

A

public prosecutor

13
Q

Prosecutors have the power to do what?

A

bring resources of the state against the individual, and they hold the legal keys to meeting out or withholding punishment

14
Q

What are prosecutors not permitted to do?

A

To keep from the defendant evidence that may be useful in showing his or her innocence.

15
Q

Prosecutors have a great deal of discretion in making decisions about what important decisions?

A
  1. Whether an individual who has been arrested by the police will be charged with a crime
  2. the level of charges to be brought against the suspect
  3. if and when to stop the prosecution
16
Q

the chief law officer of a state; also, the chief law officer of the nation

A

attorney general

17
Q

each jurisdiction has a chief __________, who is sometimes appointed but more often ______.

A

prosecutor

elected

18
Q

As an elected official, chief prosecutors typically serve a ____-year term

A

four

19
Q

the lawyer representing the defendant

A

defense attorney

20
Q

what are the responsibilities of the defense attorney?

A
  1. to represent the defendant at the various stages of the custodial process (arrests, interrogations, line ups, and arrangements)
  2. investigating the incident for which the defendant has been charged
  3. communicating with the prosecutor, which includes negotiating plea bargains
  4. preparing the case for trial
  5. submitting defense motions, including motions to suppress evidence
  6. representing the defendant at trial
  7. negotiating a sentence, if the client has been convicted
  8. determining whether to appeal a guilty verdict
21
Q

True or False: a defense attorney must defend a client whether or not they are guilty or innocent

A

true

22
Q

What are the two different types of defense attorneys?

A
  1. private attorneys

2. public deffenders

23
Q

court-appointed attorneys who’re paid by the state to represent defendants who are unable to hire private counsel

A

public defenders

24
Q

a rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure

A

attorney-client privilege

25
Q

What are the exception to the attorney-client privilege?

A

if it’s information concerning a crime that has yet to be committed or is ongoing

26
Q

If the courtroom work group can be said to have a dominant figure, it’s the ________.

A

judge

27
Q

Public _________ are employed by the government and try cases on behalf of “the people”.

A

prosectors

28
Q

List the different names given to public prosecutors and indicate the general powers that they have.

A

At the federal level, the prosecutor is called the U.S. attorney. In state and local courts, the prosecutor may be referred to as the state’s attorney, state prosecutor, district attorney, county attorney, or city attorney.
Prosecutors, in general have the power to decide when and how the state will pursue an individual suspected of criminal wrongdoing. In some jurisdictions, the district attorney is also the chief law enforcement officer, holding broad powers over police operations.

29
Q

Delineate the responsibilities of defense attorneys.

A
  1. representation of the defendant during the custodial process
  2. investigation of the supposed criminal incident
  3. communication with the prosecutor(including pleas bargaining)
  4. preparation of the case for trial
  5. submission of defense motions
  6. representation fo the defendant at trial
  7. negotiation of a sentence after conviction
  8. appeal of guilty verdict