Exam 5: Prosecutors

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Typically, a prosecutor will charge a defendant with ______.

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Discuss the significance of Brady v. Maryland (1963) and how it relates to exculpatory evidence.

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Exculpatory evidence is the evidence that is favorable to the defendant. Pursuant to the Supreme Court decision in Brady v. Maryland (1963), a prosecutor must disclose exculpatory evidence to the defendant if such evidence is considered to be material evidence. Two decades later, the Supreme Court stated that exculpatory evidence is material if there is a reasonable probability that the result of the proceeding would have been different had the evidence been disclosed.

What are the three general models used by prosecutors' offices for prosecuting cases?

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The horizontal model, the vertical model, and the mixed model of prosecution. Under a horizontal model of prosecution, assistant prosecutors are assigned to units that handle specific steps or functions in the judicial process that are routine in nature and involve limited discretion. Under a vertical model of prosecution, a case is assigned to a single prosecutor who is responsible for the case at each step in the judicial process from initial appearance through a final disposition. In an effort to include the positive aspects of the two modes of prosecution, many jurisdictions have adopted a mixed model of prosecution. Under mixed models, most cases are handled in a horizontal manner.

Assistant prosecutors are typically young attorneys looking for a large paycheck.

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Prosecutorial misconduct will always result in sanctions.

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State systems of prosecution are extremely decentralized.

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Explain the dual system of criminal justice.

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Explain why it is that large prosecutors' offices have specialized units to deal with certain crimes and give the advantages of this system.

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In most offices, the chief state prosecutor functions more as a corporate manager than a prosecuting attorney.

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Which of the following is not one of the elected prosecutors' daily duties?

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In the federal court system, the government is represented by ______.

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Prosecutors work under a great deal of judicial oversight.

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How are federal U.S. Attorneys selected?

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In most cases, the lead police investigator of a case interviews witnesses before trial.

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In colonial America, prosecution of a defendant was largely carried out by ______.

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Discuss the meaning of going rate.

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One common role of state prosecutors is to work to legally enforce child support and child protection programs.

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Define exculpatory and impeachment evidence and give an example of each. What occurs if the prosecution purposefully refuses to disclose evidence? What occurs if it was due to an error in judgment rather than purposefully?

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Discuss the significance of plea bargaining.

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Identify the three inherent contradictions in the job of the prosecutor as described in the text. Select one of these contradictions.

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