what is the role of the prosecuting attorney in a courtroom?

What is the job of a prosecuting attorney?

Generally, these are the functions of a prosecuting attorney: (1) Review police reports and make charging decisions. Whenever a crime is reported to the police, the police investigate the crime and then make a report. That report is ultimately sent to a prosecuting attorney for review.

What does the prosecutor decide?

Once the prosecutor has enough information available to make his or her decision, the prosecutor decides whether to file criminal charges or to decline to file criminal charges. While bringing charges only requires that the prosecutor believe that there is probable cause to charge someone with a crime, the prosecutor must consider whether they ...

What is plea bargaining in criminal law?

If a prosecutor makes a decision to file criminal charges against a defendant, it is likely that they will ultimately engage in a plea-bargaining process with the defendant and their lawyer. Over 90% of all state and federal convictions are obtained via a plea bargain. Plea bargains are agreements between the prosecutor and the defendant ...

What is plea bargain?

Plea bargains are agreements between the prosecutor and the defendant (and sometimes the judge) that give some benefit to a defendant in exchange for not making the government have a trial in the case.

What is the role of a criminal defense lawyer?

Criminal Defense Lawyer. From a philosophical standpoint, the role of a prosecutor is to seek justice. This places them in a different role than any other attorney in the system. They are not simply advocates for one side or another. They have a higher burden imposed upon them to do the right thing, rather than to simply try to win.

Can a prosecutor make a bargain?

Only a prosecutor can make a bargain with regard to the charge the defendant a defendant will plead to as part of an agreement. For example, a prosecutor can offer to dismiss a more serious charge if a defendant will agree to plead to a less serious one. A judge does not have the power to offer such a bargain to the defendant.

Who makes the decision about whether or not to charge a suspect with a crime?

It is the prosecuting attorney who then reads that report, and makes a decision about whether or not to charge a suspect with a crime. The prosecuting attorney also has the option to direct the police to go back and continue their investigation if the prosecutor doesn’t believe that the police have gathered enough information in order for ...

What is the role of a prosecutor?

A prosecutor 's role is to also represent the state or federal government. The prosecutor has more control in their role in the courtroom from the first appearance of the accuser up until the accuser get acquitted or sentenced. The criminal justice rely solely on the prosecutor 's to have the power and authority to negotiate a plea bargain deal with defendants. Board discretion: Is when a prosecutor is part of a government branch but are able to work in the courthouse (Neubauer & Fradella, 2014). A board discretion prosecutor does not have the power or authority to decide…show more content…

What does a defense attorney do?

Defense attorneys represent their clients before trial starting from arrest and through interrogation, lineup, and arraignment. They may negotiate a plea bargain with the prosecutor to avert a trial or defend their client at trial. Defense attorneys provide assistance at sentencing and appeal if the accused is convicted.

What is simple assault in New Jersey?

What Is Simple Assault In New Jersey? An assault refers to an attempt made by a person knowingly to cause bodily harm to the other and can attract civil or criminal liability and sometimes both. In New Jersey, an assault is classified as a simple and aggravated assault and carries serious penalties and charges. Even if you were arrested mistakenly for an assault or were only defending yourself, you still have to answer many questions to keep your record clean. Discussing your case with most affluent and local defense attorney can prove beneficial in defending yourself in such violent crimes.

What do criminal defense lawyers do in Chicago?

Criminal defense lawyers deal with issues such as arrest, sentencing, appeal, criminal charges, drug defenses , etc. If you are charged with and convicted of a crime you are probably going to face a jail time, heavy fine, relinquishment of property, vehicles and most importantly, a horrendous future. Here are questions to ponder before hiring a Criminal defense attorney in Chicago: * Do you need an attorney? If you are facing serious criminal charges such as, murder and armed robbery, you need to have a criminal defense lawyer to represent you in court. For less serious charges like traffic violations or shoplifting, a consultation with an attorney before your trial might be sufficient.

What is the process of criminal justice?

The Process of the Criminal Justice System There is an order to the process of criminal justice . According to the Center for Victims of Crime (NCVC) (2012), the criminal judicial system is composed of law enforcement agencies, prosecutors, defense attorneys, the court system, and corrections. Law enforcement officers investigate crimes. Once law enforcement officers have conducted their investigations and have arrested the person they believe is the person that committed the crime, the process moves to the prosecution. A prosecutor gets assigned to the case, and the prosecutor 's office has the task of presenting evidence proving the guilt of the person arrested.

How does the law affect the prosecution of cops for on duty homicides?

Institutional, legal and social hurdles affect the prosecution of cops for on-duty homicides. In the United States, the law gives police officers the power to use force when dealing with uncooperative criminals. Thus, it is hard for the juries to indict an officer. Besides, police receive massive support from the public, which makes it hard for the jury to determine if an officer violated his/her code of conduct in the event of a homicide. A conflict of interest arises amid the prosecutors and police officers in the course of an investigation.

Who can be there to represent a suspect?

Attorneys can also be there representing the suspect that was charged with a crime. Others may attend the lineup such as an investigator, paralegal, a law clerk or other observers to act as a witness if the lineup was unfair to the defendant. Police officers will try to convince suspects to voluntarily

What is the primary role of a prosecutor?

Furthering the cause of justice is the primary role of the prosecutor, but many practical considerations influence the prosecutor’s decisions to pursue some cases, but not others. Among them are:

What are the responsibilities of a prosecutor?

Furthering the cause of justice is the primary role of the prosecutor, but many practical considerations influence the prosecutor’s decisions to pursue some cases, but not others. Among them are: 1 the sheer number of criminal statutes; prosecutors couldn’t possibly enforce them all and must decide which ones are most important and which violations are worthy of punishment 2 the limited number of prosecutors, courts, and prison capacity 3 the unique character of any suspected criminal incident—some witnesses are credible, but those that are not cannot support a reasonable prosecution, and 4 the need to take the individuals involved into account. For example, a prosecution might do more harm to the victim, or a victim may implore the prosecutor not to pursue the case. Whether to proceed in these situations (balancing individual justice with enforcing the law) is one of the most difficult decisions that prosecutors make.

What Restrains the Prosecutor’s Discretion?

Not much, but here’s a run-down of how abusive prosecutors can be brought to heel:

What is the agreement between a prosecutor and a defense counsel?

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 ending up with more convictions and a harsher sentence; the prosecutor avoids the risk of losing the case altogether, and resolving the case removes it from the prosecutor’s busy schedule (not an insignificant factor).

What is a prosecutor in 2020?

Updated: Dec 30th, 2020. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. In the federal system, United States Attorneys are appointed by the President to run regional offices; they in turn hire assistant prosecutors. Prosecutors in the states are known as district ...

What are the factors that may be at work when prosecutors make charging decisions?

The American Bar Association’s Standards for Criminal Justice identify these factors that may be at work when prosecutors make charging decisions: the prosecutor’s reasonable doubt that the accused is guilty. the extent of the harm caused by the offense.

What is the purpose of a prosecutor's charge?

A prosecutor's charging decisions set the stage for the conviction and sentencing. The law defines the offense and its punishment, and the judge must sentence within the confines of the law for the convicted offense. Even if the defendant beats some of the charges or ends up convicted of lesser offenses, the court’s power has been circumscribed to some degree by the prosecutor's initial charging decision.

What is the role of the prosecution in a criminal case?

What is the Role of the Prosecution in a Criminal Case? The United States has what is known as an “adversarial judicial system” – in other words, criminal cases are contests between two opposing sides, the prosecution and the defense, which ensures that evidence and legal arguments will be fairly presented to the court by both sides.

What are the duties of a prosecutor in California?

Duties of the Prosecutor for the Role of the Prosecution in a Criminal Case. The criminal prosecutor is the legal representative of the ‘People of California’ in making sure the laws are enforced. These are the main functions of the Prosecutor in the California Criminal Justice System:

What city has a misdemeanor prosecutor?

Several cities, including Los Angeles, Pasadena, Burbank, Long Beach and Torrance have City Attorney offices that handle the prosecution of all misdemeanors that occur within their city limits. If a city does not have a City Prosecutor, the misdemeanor prosecution will be handled by the Los Angeles County District Attorney’s Office.

Why is it important to reform the criminal justice system?

It is an important function of the prosecutor to seek to reform and improve the administration of the criminal justice system. When inadequacies or injustices in legal system come to the prosecutor’s attention, he or she should pursue in efforts for remedial action in furtherance of a more fair system of justice.

What is closing argument?

Closing Arguments (The prosecutor outlines for the jury how and why the State has proven its case beyond a reasonable doubt)

What is the office of prosecutor?

The office of prosecutor is charged with the responsibility of carrying out legal proceedings against a person accused of a crime in its jurisdiction. These proceedings include:

Does the prosecutor have a duty to do justice?

Contrary to popular belief, the prosecutor in a criminal case should not be out to get as many convictions as possible, but rather the prosecutor ultimately has a duty to do justice. If the office of prosecution realizes the defendant is not guilty of the charged offense, the prosecutor has the duty to not prosecute that individual.

What are a Judge’s Duties?

The Judge does not file charges against you nor do they decide to reduce the charges against you. A Judge has several duties. First, he or she is to keep the case moving. He or she makes sure that the two parties (the prosecutor and the defense) do what they are required to do. For example, the Judge makes sure that the prosecutor turns over copies of all of the evidence to the defense. Additionally, the Judge determines if you are going to be kept in jail while awaiting trial, or if you are going to be released on bond. Furthermore, if the Judge decides to allow a person to post bond, the Judge decides how much the bond is along with any other conditions of bond.

What is a defense attorney?

A defense attorney is the person that represents you in court. Just as the State of Illinois has an attorney in court trying to put you jail, a defense attorney is your advocate trying to get the case dismissed or to get the best possible disposition for you.

What does the judge do in a bench trial?

The Judge also applies the law to the case. Moreover, the Judge determines during a bench trial if a person is guilty or not guilty of a crime..

Who brings the charges against you?

A State’s Attorney is the agency that brings the criminal charges against you. The State is the entity that can decide to file more charges or reduce the charges against you. The prosecutor can also decide to drop the charges against you.