1. The local -or state- district attorney is an elected office, like the mayor or city council. The public (voters) votes them in -or out- of office just like any other elected office. Only a handful of states have appointed local district attorneys.
Maureen Clavel, an editor and researcher in New York City; and, Nicole Crawford-Tichawonna, a writer and editor in Washington, D.C., who recently earned her master’s in journalism from Georgetown University, contributed to the research and editing of this report. Ernest Champell, is a Los Angeles-based journalist.
The Real Untouchables: District Attorneys-Prosecutors is a BBN series of reports examining and explaining the role of local district attorneys (prosecutors), with a focus on the Kings County District Attorney’s Office (Brooklyn, NY) and this year’s political race. Much of what is covered applies to any jurisdiction across the nation, where district attorneys are elected officials.
11. Prosecutors are seldom held accountable –disbarred or severely sanctioned– for misconduct. The number one form of accountability is the electorate process – voters who vote district attorneys in and out of office.
When the city of New York is sued for wrongful convictions due to prosecutorial misconduct, for example, the pay-out/settlement is paid by the People (taxpayer dollars). The district attorney and prosecutors in the office are not financially penalized. They do not payout settlements.
The district attorney and the prosecutors (assistant district attorneys) in the office are not public defenders or criminal defense attorneys. If an individual is arrested for a crime, he/she does not call the district attorney’s office to defend him/her.
Cynthia Jones, an expert on criminal law and procedure, who also teaches at American University’s Washington College of Law in Washington, D.C., says, “The role of a prosecutor is due justice. Prosecuting people who have committed crimes; and, advocating on behalf of victims.
The District Attorney, or D.A. prosecutes only violations of state law – violations of Federal law are prosecuted by the U.S. Attorney’s office. It is a public office, beholden to the public and its will. It is not a private law firm. It is run with taxpayer money, and the attorneys who work at the D.A.’s office work for the state, ...
Office of the District Attorney. In New York, each county has an office of the District Attorney, wherein the state will prosecute primarily criminal actions. However, civil actions can also be prosecuted, particularly in conjunction with child protection services. The District Attorney, or D.A.
Like many judges who have come across Metter and its interpretation of the 4th Amendment of the United States Constitution, the judge was taken aback by the federal interpretation that meant the government would lose wholesale portions of their case due to their own neglect.
That means that every few years, many of the employees within the D.A.’s office can be replaced, which ensures that corruption or bad practices do not become embedded within the offices.
This was to ensure the independence of the D.A.’s office so that legislatures cannot limit the ability of prosecutors to prosecute crimes. Elections are one of the most effective forms of accountability for prosecutors. This is because they are typically rarely sanctioned or disbarred by the State legal community for prosecutorial misconduct.
The D.A.’s Office is the Branch in Charge of Prosecuting Crimes. The D.A.’s office should not be confused with the (also government-funded) office of the Public Defender. The Public Defender defends low-income suspects against the prosecutorial actions of the D.A. is the gate-keeper of justice. While the office is primarily concerned ...
The D.A.’s office may initiate their own investigation to gather preliminary evidence in order to execute an arrest. Once the D.A. does decide to try a case, they will investigate through the usual channels of criminal or civil procedure, including gathering more evidence, interviewing witnesses and suspects, and gathering documents through discovery and subpoenas. Most D.A. offices have investigators to gather the evidence required to bring a strong enough case to trial.