Learning Objectives

1. Define prosecutorial discretion and the presumption of regularity, selective prosecution, and vindictive prosecution.

2. Know the difference between a probable cause hearing and a first appearance.

3. State the purpose of bail, and the definition of excessive bail, the money bail system, surety bonds, and release on recognizance.

4. Know the legal standard for the preventive detention of a defendant.

5. State the legal justification for restricting the constitutional rights of pretrial detainees and why these restrictions do not constitute unlawful punishment.

6. Know the significance of Gideon v. Wainwright and circumstances under which the government is obligated to provide a defendant with a lawyer at trial.

7. State the legal test that a defendant must satisfy to establish ineffective legal representation. 

8. Know the requirements for self-representation.