why does a prosecuting attorney

by Terrance Corkery Published 3 years ago Updated 2 years ago 10 min read

Prosecuting attorneys are lawyers employed by the government to represent the people of their jurisdictions in criminal trials. U.S. prosecutors at the county, state and federal levels work with police, victims and witnesses to bring suspected criminals to justice in courts of law.

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What are the responsibilities of a prosecutor?

What is the function of a prosecutor?

The Prosecuting Attorney . Criminal law is perhaps one of the most exciting areas of the law; cases move at a fast pace and involve interesting fact patterns. Being a prosecuting attorney requires not only a passion for advocacy but an understanding that your position requires you to seek the truth; prosecutors are

What does a prosecutor do in court?

A prosecutor might work in a particular department, such as DUI cases, which allows them to specialize in an area, but also limits them to that type of case, which can become monotonous. Passion for Justice. Prosecutors are bound by federal and state law to seek harsh sentences for certain types of crime.

What is the job of a prosecutor?

Jan 27, 2014 · I became a defense attorney because I lost my job in a civil litigation firm, and opened my own practice because I didn't want to return to the prosecutor's office with its ridiculously heavy caseload, monotony of cases, and the injustice caused by our sentencing guidelines. Specifically, our sentencing guidelines call for far harsher ...

What is a prosecutor's responsibility?

A prosecutor acts as a legal representative of a victim of a crime. Prosecutors research and present the case in a criminal trial in an effort of punishing the individual accused of committing the crime.

Why do prosecutors sometimes choose not to prosecute?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.Mar 13, 2022

Who is more powerful judge or prosecutor?

Because punishment for a crime is largely determined by the sentence that lawmakers have established in the criminal code, the prosecutor often has more power over how much punishment someone convicted of a crime receives than the judge who does the actual sentencing.Aug 23, 2021

Why is the prosecuting attorney so powerful?

Abstract. Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

What is a reason a prosecutor should decline to prosecute a charge?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant.

What challenges do prosecutors face?

Prosecutors face a myriad of challenges that can influence their decisionmaking and performance. These challenges include persistent problems with inadequate resources, staff retention, and accountability, as well as contemporary issues related to changing technology and case law.

How do prosecutors misuse their power?

Prosecutors can break the law, engaging in prosecutorial misconduct, in four ways: Offering evidence that they know to be false or “inadmissible” in court. Keeping exculpatory evidence hidden from the defense, or “suppressing Brady evidence” Encouraging witnesses to lie on the stand, or “suborning perjury”

What is the difference between a prosecutor and lawyer?

A lawyer is a person who is licensed to practice law. A prosecutor is a lawyer that works for a prosecutors office, which is essentially a government law firm whose only client is the State, and the State pays the prosecutors office to uphold it's laws.

How do prosecutors have all the power?

Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.

What is the role of prosecutors in criminal justice system?

Prosecutors are required to apply the law to criminal cases, protect the rights of the persons involved in criminal proceedings, respect human dignity and fundamental rights, and ensure public security.

Why do prosecutors defense attorneys and defendants often agree to plea bargains?

Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.

What are the laws that prosecutores are bound by?

Prosecutors are bound by federal and state law to seek harsh sentences for certain types of crime. These sentencing guidelines can quickly change based on changes in leadership at the federal level. If a prosecutor doesn’t like mandatory minimum sentences, that’s just too bad: when they’re required by law, those are the charges they have to bring. Of course, prosecution and defense are both vital aspects of the justice system. Many defense attorneys realize they value protecting the rights of due process more than they value punishing criminals. Defense attorneys have the opportunity to treat defendants like individuals, and they can work with prosecutors and judges to negotiate down harsh sentences.

Do district attorneys have a large caseload?

District attorneys and the prosecutors who work for them tend to have huge caseloads. This can also be an issue at independent law firms, if the attorneys there accept a large caseload; and at a public defenders’ office, which is not allowed to refuse cases that qualify for public defense. However, private defense attorneys tend to have more flexibility because we are able to refuse cases for any reason (except discrimination).

John Lawrence Buckley

There are a multitude of reasons. I too worked in the prosecutor's office while in law school. I too witnessed what I believed to be less than ethical behavior. I recognized that the powers of the government were immense and that the exercise of those powers was often...

Erick Platten

Hello there, Some get fired and some just want to go to the other side and help people. Its a personal choice they make themselves.

Kristopher Craig Miller

As a former prosecutor, I have a lot of respect for that career path. Recently, however, I chose to go into private practice. Two of my motivations were to learn a new area of law and have the ability to be more entrpreneurial. I am happy with my 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 to do if you are facing criminal charges in Los Angeles?

If you or a loved one are facing criminal charges of any kind in Los Angeles, or the Southern California area, you need to hire an attorney who has long-standing professional relationships with the Judges and District Attorneys, as well as proven track record. Don’t panic. We’re here to help.

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:

Who decides whether to prosecute or what to charge?

Charging. Prosecutors are the gatekeepers of the criminal legal system. They decide whether to prosecute and what to charge. Their harsh and discriminatory practices have fueled a vast expansion of incarceration as the answer to societal ills over the last several decades.

What power do prosecutors have?

Prosecutors have the power to flood jails and prisons, ruin lives, and deepen racial disparities with the stroke of a pen. But they also have the discretion to do the opposite. This video explores the power of prosecutors to continue to drive mass incarceration — or end it.

Do all prosecutors have to be elected?

Almost all prosecutors in America are elected officials. And voters across the United States — in red and in blue states alike — strongly prefer elected prosecutors who are committed to reducing incarceration, ending racial disparities, and being fully transparent.

Can a prosecutor end mass incarceration?

Prosecutors can end mass incarceration — today. Prosecutors have used their power to pack jails and prisons. And it has taken decades, billions of dollars, and thousands of laws to turn the United States into the largest incarcerator in the world.

How does a prosecutor help the justice system?

Many prosecutors are using their discretionary power to help reduce the use of incarceration and improve outcomes for people involved in the justice system. For example, many jurisdictions now have diversion programs that require certain defendants—often those who are assessed to be at low risk of reoffending and suffer from substance use disorders or mental illness —to undergo community-based treatment and/or abide by other conditions, such as staying arrest-free for a designated period of time in lieu of criminal prosecution. Some programs intervene before formal charges have been filed—known as pre-charge or pre-filing diversion programs—while others occur once charges are filed (a post-charge program), though charges may be dropped or reduced if defendants successfully complete the program. Some post-charge programs require an individual to plead guilty upon admission.

How are prosecutors judged?

Frequently elected on tough-on-crime platforms, prosecutors have historically been judged by how high their conviction rates are . However, prosecutors in growing numbers are broadening the scope of their role in their communities by integrating more holistic measures of success —such as declining crime rates and positive community relations—into internal performance metrics.

Why do people go to jail before trial?

Research shows that people who are in custody before their trials are more likely to accept plea bargains and are less likely to have their charges dropped by prosecutors. For some defendants held in jail during the pretrial phase, including those who pose little threat to public safety but are too poor to afford bail, a guilty plea is the fastest way to resolve their cases and get out of jail—even though a guilty plea will also saddle them with the myriad collateral consequences of a criminal conviction. In this way, jail detention can serve as a powerful leverage mechanism for prosecutors, placing poor people at greatest disadvantage.

What is the role of a district attorney?

Most district attorney offices are responsible for prosecuting felony and misdemeanor crimes committed in their jurisdictions , although some places have separate prosecutorial offices for misdemeanors and felonies.

How many criminal cases end in plea bargains?

In fact, very few criminal cases make it to trial, where a judge and jury are the primary decision makers. An estimated 94 to 97 percent of cases end in a negotiated plea bargain, a process in which the prosecutor retains much of the negotiating power.

What is the Discretionary Power of Prosecutors?

The Discretionary Power of Prosecutors. The majority of crimes are prosecuted by lawyers who hold local (mostly county, but sometimes city) positions. This type of prosecutor is frequently known as a district attorney (DA), but in some places as a prosecuting attorney, state’s attorney, or county attorney.

Do prosecutors have discretion?

In most circumstances, prosecutors enjoy broad discretion and affect the trajectory and outcome of criminal cases more than other actors in the justice system do.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

Why are arrests and prosecutions separate?

Arrest and prosecution functions are separated primarily to protect citizens against the arbitrary exercise of police power. Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

What is the role of arrest report?

Not only do arrest reports often determine what charges prosecutors file, but they also may play a key role in how much bail is required, the outcome of preliminary hearings (where hearsay evidence is often admissible), the willingness of the prosecutor to plea bargain, and trial tactics (for instance, the police report can be used to discredit testimony of the police officer who prepared the report).

Why do head prosecutors file charges?

Their charging decisions are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups. Deputy or assistant prosecutors may feel that appearing tough will help their careers, either within the prosecutor's office or later if they want to become judges.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Is an arrest report one sided?

Arrest reports are almost always one-sided. They recite only what the police claim took place and may include only witness statements that support the police theory. While they are generally not admissible as evidence in a trial, arrest reports can have a major impact in criminal cases.

Do prosecutors take a strong stand?

Experienced defense attorneys understand that prosecutors must sometimes be seen as taking a strong stand publicly, even though they may be willing to respond to weaknesses in individual cases at a later stage of the process. This is one of the reasons why practically every criminal defendant will benefit from the help of an experienced, local criminal defense attorney: Only those professionals know where the pressure points are and how to work around them (or with them).