what does the prejudice prong of the reasonably competent attorney standard measure?

Should lawyers be judged by the same standards as other professionals?

II An abuse of discretion occurs where "concern is wholly speculative and therefore lacking any reasonable basis in the record." (In re Robert L. (1993) 21 Cal.App.4th 1057, 1068.) Although the abuse of discretion standard is deferential, reviewing courts "should not rubbcrstarnp a decision of the trial court when the totality

What is the proper standard for judging attorney performance?

Does the Supreme Court have a prejudice test?

Should the burden of propriate prejudice be on the defendant?

What is the most important factor that prosecutors consider when determining whether or not they should bring a case to trial?

These factors include the strength of the evidence, the likelihood of conviction, the interest of the victim in prosecution, and the cost and complexity of the prosecution and trial17. However, a prosecutor's personal biases may influence her consideration of these factors and taint the decision-making process.

What is the guideline used by a jury or a judge to decide whether the prosecution has presented enough evidence for conviction called?

indictmentindictment - The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

What is the most important factor a prosecutor considered when deciding whether to charge a suspect?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

How do the authorized imprisonment standard and the actual imprisonment Standard compare?

How do the authorized imprisonment standard and the actual imprisonment standard compare? The former refers to offenses where imprisonment is authorized but not required, while the latter refers to offenses that don't actually result in imprisonment.

What does the prejudice prong of the reasonably competent attorney standard measure quizlet?

What does the prejudice prong of the reasonably competent attorney standard measure? cuts into the legislature's power to make the laws. ... Defendants and their lawyers are banned from the review. How does the requirement for probable cause to detain compare to the requirement for probable cause to go to trial?

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Why are plea bargains important to the criminal justice system?

Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial.Nov 28, 2021

What happens when a prosecutor is unethical?

Unethical Prosecutors are Never Prosecuted A prosecutor's refusal to reveal exculpatory evidence may be immoral, unethical and illegal – and it may result in the imprisonment or death of innocent individuals – but the unethical prosecutor is never prosecuted.

What is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.

How do sentence bargaining and fact bargaining differ quizlet?

Sentence bargaining involves a favorable sentence recommendation, while fact bargaining involves not challenging the defendant's version of the facts.

Which of the following is a common excuse for being exempted from jury duty?

There are three groups that are exempt from federal jury service: members of the armed forces on active duty; members of professional fire and police departments; and. "public officers" of federal, state or local governments, who are actively engaged full-time in the performance of public duties.

What happens with most complaints about attorney misconduct?

What happens with most complaints about attorney misconduct? The complainant receives a settlement.