what is the prosecutors fundamental obligations as an attorney?
by Jennie Wintheiser
Published 2 years ago
Updated 1 year ago
4 min read
The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.
What is the fundamental role of a prosecutor?
While the judge is entrusted with decision-making power, and he/she cannot initiate judicial process, the prosecutor's primary function is to initiate and conduct criminal action, to act as a party in judicial proceedings and, in many countries, to supervise and direct the police during the investigative phase.
Why do you think the responsibilities of a prosecutor are essential within the legal profession?
From investigating and charging crimes to handling post-conviction appeals and writs, the prosecutor's job is to do justice. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. ... Instead, the prosecutor's duty is to serve the cause of justice.Sep 24, 2021
What is considered the primary duty of a prosecutor quizlet?
Primary duty is to seek justice. Ethically obligated to turn in any exculpatory evidence, that shows the innocence of the accused, to the lawyer or the accused himself. Investigating violations of law.
What are the ethical obligations of a prosecutor?
The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.
What are the four roles of the prosecution?
What are the four distinct roles of prosecutors? Trial counsel for the police, house counsel for the police, representative of the court, and elected official.
Which of the following is an example of prosecutorial misconduct?
Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Which one of the following is the primary duty of the defense attorney?
The primary duties that defense counsel owe to their clients, to the administration of justice, and as officers of the court, are to serve as their clients' counselor and advocate with courage and devotion; to ensure that constitutional and other legal rights of their clients are protected; and to render effective, ...
Which of the following is the most common result of a prosecutor deliberately fails to handover 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.
The Prosecutor’S Role During Investigations
Prosecutors do more than file charges based on police reports of crimes that have been committed. Often, they actively participate in the investigation of past or ongoing crimes, particularly in cases involving business fraud, public corruption, and organized crime (including drug rings). For example, they may design “sting” operations, ask for search warrants to obtain e…
The prosecutor decides which crimes to charge. The most important check on this power is the requirement that the accusations be supported by “probable cause”—the legal standard that will spare a person from prosecution unless it’s more likely than not that a crime was committed and the defendant committed it. But even with this check, the prosecutor has considerable power to …
In most federal and state courts, prosecutors and defense counsel have a conversation at some point about “settling this matter.” In exchange for a guilty plea (sometimes to a specific crime), the prosecutor agrees to ask for a specific sentence (in some courts, the judge is part of the bargain, agreeing in advance to impose the agreed-upon sentence). The defendant avoids the risk of endi…
While it’s the court’s role to impose a sentence, that sentence (a specific sentence or a range) is set by the offense that the defendant stands convicted of. Consequently, the judge will be constrained by the charges that the prosecutor has elected to bring against the defendant. Even if the defendant beats some of the charges or ends up convicted of lesser offenses, the court’s po…
Most defendants who are convicted of felonies appeal their convictions. They hire counsel or obtain counsel from the state; and the appellate division of the prosecutors’ offices handles the case for the government, arguing that the conviction and sentence should be upheld on appeal. Occasionally, defendants file writs of habeas corpus, in which they allege incompetence of their …
Not much, but here’s a run-down of how abusive prosecutors can be brought to heel: 1. When prosecutors violate the Constitution. Courtesy of our system of checks and balances, the prosecution (a distinct arm of government from the courts) does not answer to a judge. Prosecutors do, however, answer to the state and federal constitutions, which makes them subj…