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D Question 19 1 pts Which of the following is a duty of a Prosecutor? O they establish charges against the accused. O to decide if the defendant is guilty or not O to defend the defendant O All of the options D Question 20 1 pts Research shows there is a great difference in performance quality or legitimacy based on whether a judge is elected or appointed. O True O False D Question 21 1 pts Judicial review allows the lower courts to ensure the higher courts are making constitutional decisions. True O False

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Question 19

Which of the following is a duty of a Prosecutor?

 

  •  they establish charges against the accused
  •  to decide if the defendant is guilty or not
  •  to defend the defendant
  •  All of the options

Answer: All of the options

 

Who charges someone in a criminal case?

The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report.

 

The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" or "not liable" in civil cases.

When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury. The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts. If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.

 

The duty of Prosecutor is to defend the defendant.

Step-by-step explanation

Question 20

 Research shows there is a great difference in performance quality or legitimacy based on whether a judge is elected or appointed.

 

  • True
  • False

Answer: True

 

There is a great difference in performance quality or legitimacy based on whether a judge is elected or appointed.

The citizens preference is to elect their judges. This is the reality in the majority of the states. The present ethics /model rules are set up premised on the appointed model of judicial service. The ethics rules in states that have elected judges need to be re written to 
accommodate the reality on the ground in a workable model that recognizes the dual role of elected judges, that of public elected servant and judicial officer.

 

Judges should be appointed using a judicial selection commission that evaluates and recommends individuals to the governor for appointment. After appointment judges should stand for a retention election 3 to 4 years after the appointment. Appointed judges in my experience tend to be better qualified judges than those who run for the office. 

 

Question 21

 Judicial review allows the lower courts to ensure the higher courts are making constitutional decisions.

 

  • True
  • False

Answer: True

 

Judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void. The institution of judicial review in this sense depends upon the existence of a written constitution.

 

Source: 

https://www.britannica.com/topic/judicial-review

https://www.americanbar.org/groups/public_education/resources/law_related_education_

network/how_courts_work/jury_role/