Southern New Hampshire University
CJ 207 The United States Judicial System
Week Four Notes
Roles and Responsibilities of the Prosecutor
Historically, what have been the prosecutor’s duties?
What are the similarities and differences among prosecutors at the local, state, and
federal levels?
Federal Prosecutors
U.S. attorneys usually serve a 4-year term but may be removed from office
at the will of president.
Position is politically appointed, and most if not all U.S. attorneys are
replaced by appointees of the new president’s choosing.
State Prosecutors
Position reaches office by way of popular selection, generally for a 4-year
term.
Roles and responsibilities include regularly appear in court, represent the
government at trial, and perform myriad other duties required.
Assistant Prosecuting Attorneys
Duties include appearing in court, interviewing witnesses, overseeing
investigations, and negotiating with defense attorneys daily.
What are the divisions within the District Attorney’s office?
Divisions within the District Attorney’s office may include felony,
misdemeanor, domestic violence, traffic, juvenile, charging (or case
filing), drug prosecution, forfeitures, civil affairs such as child
advocacy, child support, victims assistance, and appeals.
What are the responsibilities of the prosecutor before and after arrest?
Before Arrest:
oAdvise law enforcement during investigation
oHelp prepare arrest and search warrants
oWork with law enforcement in developing cooperating witnesses
After Arrest:
oScreen cases for prosecution
oMake charging decision
oAttend grand jury and preliminary hearing
oPrepare charging documents
oEvaluate strength of case and participate in plea negotiations
oAssemble and evaluate potentially exculpatory evidence
oProvide disclosure to defendant
oPrepare and respond to pretrial motions
oOversee continued investigation
oInterview witnesses
oRepresent the government at trial
oMake sentencing recommendation
oPresent sentencing information, restitution amount, and victim impact
statement to court during sentencing hearing
oRepresent government on appeals
oHandle probation and parole revocation petitions and proceedings
Pathways Into The Juvenile Justice System
What is Family Court?
Family Court is the court that hears juvenile delinquency cases as well as
family matters like abuse, neglect, adoption, and child custody.
What are the legal obligations of a defense attorney representing a juvenile?
i. Duty to represent the expressed interests of the juvenile
ii. Are bound by confidentiality and the attorney-client privilege
iii. Must advocate at the direction of the juvenile regardless of whether the
attorney agrees with their position
What are the differences between the juvenile court and adult court?
1. Juveniles are not afforded a jury trial like in adult court.
2. Juvenile court is more focused on rehabilitation and the best interests of
the child rather than just punishment.
3. All adult court hearings are open to the public, while juvenile court
hearings are closed to the public and only the juvenile, their family,
lawyers, and probation are present in the courtroom.
4. Juvenile courts are more informal.
5. Juvenile court decisions are determined with dispositions.
What are the ways in which a juvenile offender may be diverted from the juvenile
justice system?
Alternatives for juvenile offenders rather than being introduced to the
criminal justice system include supervised release programs, such as
house arrest, electronic monitoring, and local treatment programs.
Other options include restitution, community service, alternative
education, and mentoring.
What is a judicial waiver?
A judicial waiver is filed when the prosecutor or intake officer believes
that a case under jurisdiction of the juvenile court would be more
appropriately handled in criminal court. The decision to file a judicial
waiver generally centers around the issue of whether the youth is
amenable to treatment in the juvenile justice system.
Alternative Processes
Plea Bargaining
How is plea bargaining defined?
Plea bargaining is defined as the process whereby the accused and the
prosecutor in a criminal case work out a mutually satisfactory disposition
of the case subject to court approval.
What is the judge’s role in this agreement? Does this increase or reduce the
judge’s use of discretion?
The judge cannot reject the agreement reached between the prosecution
and defense unless he determines that the prosecutor abused their
discretion. In the case of sentence agreements, judges have little
discretion. The judge must either accept the plea agreement and place the
defendant on probation or reject the agreement and allow the defendant to
withdraw his guilty plea.
What are the forms of ad hoc plea bargaining?
1. The court may impose an extraordinary condition of probation following a
guilty plea.
2. The defendant may offer or be required to perform some act as a quid pro
quo for a dismissal or more lenient sentence.
3. The court may impose an unauthorized form of punishment as a substitute
for a statutorily established method of punishment.
4. The State may offer some unauthorized benefit in return for a plea of
guilty.
5. The defendant may be permitted to plead guilty to an unauthorized
offense, such as a “hypothetical” or nonexistent charge, a nonapplicable
lesser-included offense, or a nonrelated charge.
What are the arguments for and against plea bargaining?
Innocence is Irrelevant
What were the consequences of Sweatt’s conviction?
Sweatt was originally being charged with a Class D felony and a
misdemeanor paraphernalia charge. Sweatt and her attorney negotiated a
plea bargain, which worked and Sweatt got her felony charge dropped to a
Class A misdemeanor, was offered a six month suspended sentence
without probation, her paraphernalia charge was dropped, and she was
ordered to pay a fine.
What are the factors that would lead a defendant to accept a plea bargain?
Getting out of jail time
Resolving a matter quickly
Having less serious offenses on their record
Avoiding publicity
Wrongfully Convicted Forced Into Plea Deals to Gain Freedom
What is the Alford plea, and what are the implications of using this form of plea?
The Alford plea is a guilty plea in which the defendant maintains that they
are innocent, but admit that the prosecution’s evidence would likely result
in a guilty verdict if brought to trial.
Collateral Consequences of Criminal Conviction Database
What are some of the consequences of misdemeanor drug possession charges?
Possible consequences of misdemeanor drug possession include jail time,
a fine, probation, possible drivers license suspension, or mandatory drug
treatment.
Model Standards of Conduct for Mediators
What are the nine standards for mediation?
1. Standard I: Self-Determination
oMediator shall conduct a mediation based on the principle of party
self-determination. Self-determination is the act of coming to a
voluntary, uncoerced decision in which each party makes free and
informed choices as to process and outcome.
2. Standard II: Impartiality
Mediator shall decline a mediation if the mediator cannot conduct it in an
impartial manner. Impartiality means freedom from favoritism, bias or
prejudice.
3. Standard III: Conflicts of Interest
oMediator shall avoid a conflict of interest or the appearance of a
conflict of interest during and after a mediation.
4. Standard IV: Competence
oMediator shall mediate only when the mediator has the necessary
competence to satisfy the reasonable expectations of the parties.
5. Standard V: Confidentiality
oMediator shall maintain the confidentiality of all information
obtained by the mediator in mediation, unless otherwise agreed to
by the parties or required by applicable law.
6. Standard VI: Quality of the process
oMediator shall conduct a mediation in accordance with these
Standards and in a manner that promotes diligence, timeliness,
safety, presence of the appropriate participants, party participation,
procedural fairness, party competency and mutual respect among
all participants.
7. Standard VII: Advertising and Solicitation
oMediator shall be truthful and not misleading when advertising,
soliciting or otherwise communicating the mediator’s
qualifications, experience, services and fees.
8. Standard VIII: Fees and Other Charges
oMediator shall provide each party or each party’s representative
true and complete information about mediation fees, expenses and
any other actual or potential charges that may be incurred in
connection with a mediation.
9. Standard IX: Advancement of Mediation Practice
oMediator should act in a manner that advances the practice of
mediation.
