Assignment Instructions/ Description
Gerense attomey 45 deponents 52 district attorneys 50 prosecutor 48 Se LUE C ritical Thinking Exercises 1. Many forms of prosecutorial misconduct go unno- ticed or unreported. Even when uncovered and Prosecutors more accountable to the ABA’s Mode] Rules of Professional Conduct? What should happen to prosecutors who violate these rules? Should the criminal court system rethink the harmless error doc- trine and make it easier for judges to overturn convic- tions where misconduct has been found, or make the sanctions greater for prosecutors where there has been serious prosecutorial misconduct? 2. About half of all states use grand juries to determine whether probable cause exists against defendants to . proceed with prosecutorial charging. These grand | jury proceedings are one-sided affairs where only the © prosecutor gets to present evidence. Should grand juries be revised to include evidence from the defense counsel? If there is exculpatory evidence that favors the defendant in the case, should this information also be brought to the grand jury’s attention? Do you see Case Study Decision-Making Exéisian malicious prosecution 58 prosecuting attorneys 50 . In the majority of jurisdictions, roughly 90 percent of s 1. i i catia at _ punisnm CHtS, and that it invalidates the Sixth Amenc PS Nene, tan oa et athe hee fe cl U.S. attorney’s office 50 venue 53 witnesses 49 not represented by counsel? convictions are obtained through a plea bargain. Plea bargaining benefits both sides in that prosecutors get better conviction rates and defendants get leniency in exchange for pleading guilty. However, there are crit- icisms of plea bargaining that is it too coercive and defense attorneys are too quick to give up theirdefen- dant’s rights, that serious offenders escape serious ea | AYO ee | change the functions that the prosecution and defer perform under the current system?
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