COURT SYSTEMS EXAM 3
QUESTIONS AND ANSWERS
The American Prosecutor - Correct Answers --▫Hybrid of British and European ancestry
-17th century, each colony had an Attorney General, victim prosecuted most crimes due
to the fact that the AG served as counsel to the Government
-1820s-1900, most states moved to elected local prosecutors
Judiciary Act of 1789 - Correct Answers --Article III of the US Constitution provides that
"the judicial power of the United States shall be vested in one supreme court, and in
such inferior courts as the Congress may from time to time ordain and establish." The
Judiciary Act created a federal judicial system composed of the Supreme Court; three
circuit courts, each made of up two supreme court justices and a district court judge,
and 13 district courts.
U.S. Attorney - Correct Answers -▫Appointed by President
▫Confirmed by Senate
▫One for each of the 93 districts
▫4 year terms
▫Typically replaced with new President
Mixed Model - Correct Answers --Most cases are handled in a horizontal manner.
Specific crimes however, such as homicide and sexual assaults are handled at all steps
along the process by a specialized unit. This approach meets the need of efficiency in
handling "routine" crimes but permits the use of expertise and case ownership for more
serious offenses.
Non-Prosecutorial Duties - Correct Answers -▫Legal assistance and advice
▫Defending lawsuits against the county
▫Juvenile and dependency matters
▫Child support enforcement
▫Victim assistance
▫Civil asset forfeitures
Prosecutorial Duties - Correct Answers -▫Assisting law enforcement officers
-Probable cause for warrants
-Prepares and presents warrants to a judge for approval
-Inform police investigators what is needed before filing charges
▫Screening cases and making charging decisions
, 1/3 to 1/2 of all arrests not formally prosecuted
Great deal of discretion in this matter
Many ethical questions
Details of Federal U.S. Attorneys - Correct Answers --In the federal court system, the
government is represented by the United States Attorney
-The Judiciary Act of 1789 provided that within each judicial district, an attorney shall be
appointed by the president as the US Attorney and represent the government in federal
prosecutions.
Assistant U.S. Attorneys - Correct Answers -▫Carry out day-to-day operations
-make charging decisions, conduct plea negations, appear in court, and perform similar
tasks to those of state/local prosecutors
▫Not appointed
-carry out their tasks without the interference of political preference
-While U.S. Attorneys typically are replaced after presidential elections, Assistant U.S.
Attorneys are not replaced.
Selection of the Local Prosecuting Attorney - Correct Answers -▫In most states, selected
by popular election
▫Usually, four-year term
▫The specific tasks performed by the prosecuting attorney vary largely depending on the
size of the jurisdiction
▫In most offices the elected prosecutor
Delegates
Manages
-Sets policy
Assistant prosecuting attorneys - Correct Answers -Work in the trenches of the criminal
justice system
Many are young attorneys from law school looking for courtroom experience
Hands-on position
Appear in court
Interview witnesses
Oversee investigations
-Negotiate with defense attorneys
Prosecuting Attorney term limit - Correct Answers -four-year term
U.S. Attorney term limit - Correct Answers -4 year terms
Federal Court System - Correct Answers --Has 3 tiers:
1) District Courts
QUESTIONS AND ANSWERS
The American Prosecutor - Correct Answers --▫Hybrid of British and European ancestry
-17th century, each colony had an Attorney General, victim prosecuted most crimes due
to the fact that the AG served as counsel to the Government
-1820s-1900, most states moved to elected local prosecutors
Judiciary Act of 1789 - Correct Answers --Article III of the US Constitution provides that
"the judicial power of the United States shall be vested in one supreme court, and in
such inferior courts as the Congress may from time to time ordain and establish." The
Judiciary Act created a federal judicial system composed of the Supreme Court; three
circuit courts, each made of up two supreme court justices and a district court judge,
and 13 district courts.
U.S. Attorney - Correct Answers -▫Appointed by President
▫Confirmed by Senate
▫One for each of the 93 districts
▫4 year terms
▫Typically replaced with new President
Mixed Model - Correct Answers --Most cases are handled in a horizontal manner.
Specific crimes however, such as homicide and sexual assaults are handled at all steps
along the process by a specialized unit. This approach meets the need of efficiency in
handling "routine" crimes but permits the use of expertise and case ownership for more
serious offenses.
Non-Prosecutorial Duties - Correct Answers -▫Legal assistance and advice
▫Defending lawsuits against the county
▫Juvenile and dependency matters
▫Child support enforcement
▫Victim assistance
▫Civil asset forfeitures
Prosecutorial Duties - Correct Answers -▫Assisting law enforcement officers
-Probable cause for warrants
-Prepares and presents warrants to a judge for approval
-Inform police investigators what is needed before filing charges
▫Screening cases and making charging decisions
, 1/3 to 1/2 of all arrests not formally prosecuted
Great deal of discretion in this matter
Many ethical questions
Details of Federal U.S. Attorneys - Correct Answers --In the federal court system, the
government is represented by the United States Attorney
-The Judiciary Act of 1789 provided that within each judicial district, an attorney shall be
appointed by the president as the US Attorney and represent the government in federal
prosecutions.
Assistant U.S. Attorneys - Correct Answers -▫Carry out day-to-day operations
-make charging decisions, conduct plea negations, appear in court, and perform similar
tasks to those of state/local prosecutors
▫Not appointed
-carry out their tasks without the interference of political preference
-While U.S. Attorneys typically are replaced after presidential elections, Assistant U.S.
Attorneys are not replaced.
Selection of the Local Prosecuting Attorney - Correct Answers -▫In most states, selected
by popular election
▫Usually, four-year term
▫The specific tasks performed by the prosecuting attorney vary largely depending on the
size of the jurisdiction
▫In most offices the elected prosecutor
Delegates
Manages
-Sets policy
Assistant prosecuting attorneys - Correct Answers -Work in the trenches of the criminal
justice system
Many are young attorneys from law school looking for courtroom experience
Hands-on position
Appear in court
Interview witnesses
Oversee investigations
-Negotiate with defense attorneys
Prosecuting Attorney term limit - Correct Answers -four-year term
U.S. Attorney term limit - Correct Answers -4 year terms
Federal Court System - Correct Answers --Has 3 tiers:
1) District Courts
