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Chapter 1 cj3

Terms in this set (45)

the prosecutor in an adversary case must represent the goverment and ahs to convict those who are guilty with the burdent of proof, they must follow due process by assiting officers before an arrest is made and reviewing affidavits needed to get search warrants, they hire investigators to gather evidence and prepare for a case in trial, because the pros needs to pbard that the def committed the crime/s they were accused for, they discuss the facts with detectives before filing charges and court hearings and look at information not under oath or admissable in court to decide which evidence to take to trial, the pros and police fight because the pros in due process had to review the actions of police officers and make sure they were appropriate, b/c if they weren't, like if an illegally obtained evidence can't be admitted into trial, and the defense could conduct a pre-trial motion to exclude/suppress charges by having this illegally obtained evidence ruled inadmissable before trial,and so the pros would have either no or less of a case. The pros can not file charges or cases, but they do have to seek to find those who are guilty, and must be fair an not unethically file charges without probable cause, and to present evidence that is only ture,a nd they have to make sure that the def knows there right to counsel and for the pros to not contact the def directly without a def att., also by due process, the pros has to reveal exculpatory evidence to the defense, so if a pros has any cause to believe that an innocent pers has been convict=the info should be disclosed to the court and the defense,
so the pros has to prove the guilt, but by following the due process rules and not violation of the ten amends the sup court ruled, and so the exclusionary rule, prohibits evidence obtained in violation of the fourth and fifth amends from be introduced in court, the court ruled the reasonable expectation of privacey to protect fourth amend by say that the use of tech that isn't adoped=violate fourth amand rights if search warrant not obtained of a search, and tht a warrant require before put gps track devices to car, and so the pros needs evidence but due process restricts it, they have to regard any evidence that wouldn't be admissable in trial like hearsay that he officers want, or if the evidence could convict