PSC 304 EXAM #2 QUESTIONS WITH
CORRECT ANSWERS
Discretion - ANSWER-The lawful ability of an agent of government to exercise
choice in making a decision.
-what makes our system so great in applying justice to each individual. Is not just a
formula, it's the heart of the criminal justice system.
-using one's own judgement to make decisions rather than relying on specific rules:
1. legal judgment
2. policy priorities
3. personal philosophies
-can decide to not charge all way up to max sentence
.. (as long as decision is not based on discrimination) So important in the system and
how cases are resolved
(... some DA's can run saying they won't try some crimes or prosecute some)
... media jumps on reduced charge and sometimes see police charge as only charge
without looking into the facts of the case and they write "plea negotiation"
Legal ethics - ANSWER-Codes of conduct governing how lawyers practice law and
how judges administer justice.
Normal crime - ANSWER-Categorization of crime based on the typical manner in
which it is committed, the type of defendant who typically commits it, and the typical
penalty to be applied.
Routine administration - ANSWER-a matter that presents the court with no dispute
over law or fact.
Socialization - ANSWER-As used in the court setting, the process in which new
members of the courtroom work group learn the norms, values, behaviors, and skills
expected of them in a professional position.
Speedy-trial laws - ANSWER-Federal or state statutes that specify time limits for
bringing a case to trial after arrest. Some speedy-trials laws specify precise time
standards for periods from arrest to arraignment, trial, and or sentencing.
Discuss the two major characteristics of prosecutors in the US - ANSWER-The role
of the prosecutor involves broad discretion and decentralization
Describe the three most important entities in federal prosecution - ANSWER-The
three most important entities in federal prosecution are the US Solicitor General, the
, Criminal Division of the US Department of Justice, and the offices of 94 US
Attorneys
Identify the three somewhat overlapping agencies involved in prosecution in state
courts. - ANSWER-The three major agencies involved prosecution in state courts
and the state Attorney General, the chief prosecutor, and the local prosecutor.
Explain the major factors affecting the work life of assistant district attorneys -
ANSWER-Assistant district attorneys are typically young lawyers who must learn
how law in action is practiced, seek promotions to prosecuting more serious crimes,
and are often loosely supervised.
Analyze the principal factors affecting prosecutorial ethics - ANSWER-As
governmental officials, prosecutors are largely immune from civil lawsuits, and if an
error is made, an appellate court reversal is the typical remedy.
Outline two major examples of the expanding domain of the prosecutor - ANSWER-
Programs aimed at improving police-prosecutor relationships and community
prosecution are two contemporary examples of the expanding domain of the
prosecutor.
Absolute immunity - ANSWER-Complete immunity from civil lawsuits. In the case of
prosecutors, absolute immunity shields them from all civil liability for actions taken in
connection with the traditional role of courtroom advocacy on behalf of the
government.
Focal concerns theory: - ANSWER-A theoretical perspective that seeks to explain
sentencing disparities on the basis of three primary focal concerns:
blameworthiness, protection of the community, and the practical constraints and
consequences of the sentencing decision.
Local prosecutor - ANSWER-General term for lawyers who represent local
governments (cities and counties, for example) in the lower courts; often called "city
attorneys" or "solicitors".
Officer of the court - ANSWER-Lawyers are officers of the court and, as such, must
obey court rules, be truthful in court, and generally serve the needs of justice.
Prosecutor - ANSWER-A public official who represents the state in a criminal action
Qualified immunity - ANSWER-A justice actor's partial immunity from civil liability for
acts with the scope of their professional duties and sanctioned by law. For
prosecutors, such immunity applies only when they are acting in good faith that they
are not violating any law or ethical rule of which a reasonable person in the
prosecutor's position would be aware.
State Attorney General: - ANSWER-The chief legal officer of a state, representing
that states in civil and, under certain circumstances criminal cases.
CORRECT ANSWERS
Discretion - ANSWER-The lawful ability of an agent of government to exercise
choice in making a decision.
-what makes our system so great in applying justice to each individual. Is not just a
formula, it's the heart of the criminal justice system.
-using one's own judgement to make decisions rather than relying on specific rules:
1. legal judgment
2. policy priorities
3. personal philosophies
-can decide to not charge all way up to max sentence
.. (as long as decision is not based on discrimination) So important in the system and
how cases are resolved
(... some DA's can run saying they won't try some crimes or prosecute some)
... media jumps on reduced charge and sometimes see police charge as only charge
without looking into the facts of the case and they write "plea negotiation"
Legal ethics - ANSWER-Codes of conduct governing how lawyers practice law and
how judges administer justice.
Normal crime - ANSWER-Categorization of crime based on the typical manner in
which it is committed, the type of defendant who typically commits it, and the typical
penalty to be applied.
Routine administration - ANSWER-a matter that presents the court with no dispute
over law or fact.
Socialization - ANSWER-As used in the court setting, the process in which new
members of the courtroom work group learn the norms, values, behaviors, and skills
expected of them in a professional position.
Speedy-trial laws - ANSWER-Federal or state statutes that specify time limits for
bringing a case to trial after arrest. Some speedy-trials laws specify precise time
standards for periods from arrest to arraignment, trial, and or sentencing.
Discuss the two major characteristics of prosecutors in the US - ANSWER-The role
of the prosecutor involves broad discretion and decentralization
Describe the three most important entities in federal prosecution - ANSWER-The
three most important entities in federal prosecution are the US Solicitor General, the
, Criminal Division of the US Department of Justice, and the offices of 94 US
Attorneys
Identify the three somewhat overlapping agencies involved in prosecution in state
courts. - ANSWER-The three major agencies involved prosecution in state courts
and the state Attorney General, the chief prosecutor, and the local prosecutor.
Explain the major factors affecting the work life of assistant district attorneys -
ANSWER-Assistant district attorneys are typically young lawyers who must learn
how law in action is practiced, seek promotions to prosecuting more serious crimes,
and are often loosely supervised.
Analyze the principal factors affecting prosecutorial ethics - ANSWER-As
governmental officials, prosecutors are largely immune from civil lawsuits, and if an
error is made, an appellate court reversal is the typical remedy.
Outline two major examples of the expanding domain of the prosecutor - ANSWER-
Programs aimed at improving police-prosecutor relationships and community
prosecution are two contemporary examples of the expanding domain of the
prosecutor.
Absolute immunity - ANSWER-Complete immunity from civil lawsuits. In the case of
prosecutors, absolute immunity shields them from all civil liability for actions taken in
connection with the traditional role of courtroom advocacy on behalf of the
government.
Focal concerns theory: - ANSWER-A theoretical perspective that seeks to explain
sentencing disparities on the basis of three primary focal concerns:
blameworthiness, protection of the community, and the practical constraints and
consequences of the sentencing decision.
Local prosecutor - ANSWER-General term for lawyers who represent local
governments (cities and counties, for example) in the lower courts; often called "city
attorneys" or "solicitors".
Officer of the court - ANSWER-Lawyers are officers of the court and, as such, must
obey court rules, be truthful in court, and generally serve the needs of justice.
Prosecutor - ANSWER-A public official who represents the state in a criminal action
Qualified immunity - ANSWER-A justice actor's partial immunity from civil liability for
acts with the scope of their professional duties and sanctioned by law. For
prosecutors, such immunity applies only when they are acting in good faith that they
are not violating any law or ethical rule of which a reasonable person in the
prosecutor's position would be aware.
State Attorney General: - ANSWER-The chief legal officer of a state, representing
that states in civil and, under certain circumstances criminal cases.
