03 Oct CJL 4510 Course Essay Study Guide 2024
Choose one of the members from the Court Room Work Group below and write an APA Style 5-page paper (double-spaced) about the particular actor. Your paper must contain at least 3 characteristics about the actor learned during this course. The paper should include what the qualifications are for obtaining the particular position and the details of the job. Please note that in addition to your 3 pages of content, you are to include two more pages: the title and reference(s) pages. This assignment must be created as a Word Document.
1. Judge
2. Prosecutor
3. Defense Attorney/Public Defender
1. The judge is the most prestigious member of the court room work group. The judge is responsible for assuring justice is done in the court room. The judge is the member of the court room work group that decides questions of law. The judge makes decisions involving bond, and makes decisions deciding motions to suppress.
Education: 4-year college degree
3-year law school
Passing state bar exam
How to obtain the job: Most State judges are elected. If appointed, they later run for reelection.
Federal Judges.: Are appointed by the President and confirmed by the Senate and serve for life.
2. The prosecutor is the most powerful actor in the courtroom work group.
The prosecutor has great discretion. They decide whether to charge the defendant and what charge will be.
The prosecutor’s job is to charge, the defendant and then pursue the case. Including resolving the case by plea negotiation or by trial.
The prosecutor is also an officer of the court and has a duty to be fair. The prosecutor must disclose evidence (Brady Information) that is favorable to the defendant. Violation of Brady could a reversal of a conviction.
The prosecutor’s burden of proof is beyond a reasonable doubt. Prosecutors should not purse a case unless they can meet this burden.
Education: 4 years college + 3 years law school
Must pass the state bar exam
How to obtain the job: Prosecutors are elected.
3. Defense Attorney : The defense attorney is the least powerful actor in the court room work group.
SCOTUS describes the right to counsel as the: the most important fundamental right that we have. SCOTUS reasons w/o the right to counsel we can’t protect any of our other fundamental rights.
The defense attorneys’ job is to: zealously, ethically, and competently represent the client. The defense attorney must fulfill this duty while maintaining the attorneys code of ethical conduct.
The 6th amendment right to counsel has been interpreted by SCOTUS through case law:
1. Gideon v Wainwright: Right to court appointed counsel in felony prosecutions if the defendant can’t afford private counsel.
2. Arsinger v. Hamlin: Right to counsel in misdemeanor cases if looking at jail time.
3. In Re Gault: Right to counsel in Juvenile Delinquency cases if the child can’t afford an attorney.
Education: 4 years college + 3 years law school. Must pass the state bar exam.
Defense attorneys in the US are:
1. Private Attorneys
2. Public Defenders
3. Contract Attorneys ( handling conflict cases)
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