why is a prosecuting attorney important?

Full Answer

What is the main function of the prosecuting attorney?

• the prosecutor’s reasonable doubt that the accused is guilty
• the extent of the harm caused by the offense
• the strength of the case
• whether the punishment and collateral consequences are disproportionate to the harm caused by the offense
• any improper motives of victims or complaining witnesses
• any improper conduct by law enforcement

More items...

What are two responsibilities of a prosecuting attorney?

The American Bar Association’s Standards for When Prosecutors Charge Crimes:

• Is there reasonable doubt that the defendant is guilty?
• Did the crime caused severe harm?
• Does the punishment seem disproportionate to the crime?
• Do the victim or witnesses have an ulterior motive?
• Is the accused cooperating with law enforcement?
• Will another Jurisdiction prosecute the crime?

What are three ethical obligations of a prosecuting attorney?

• The office of prosecutor is responsible with arraignments in its district.
• The prosecutor, along with the defense attorney, is a manager of justice, an advocate, and an officer of the court; the prosecutor must practice sound suspicion in the execution of ...
• The obligation of the prosecutor is to look for justice, not simply to convict.

More items...

What does a prosecuting attorney do?

A prosecuting attorney is a lawyer who usually works for the government to try criminal cases. His job is to initiate and carry out legal proceedings against a person who has been accused of a crime. On behalf of his national, regional, or local court system, he works to convict criminals or secure other forms of justice.

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 ...

Why is being a prosecutor important?

Prosecutors are supposed to be the moral compass in the judicial process because they are the ones who decide whether or not a person deserves to be charged with a crime and how much they should be charged. While it is a good thing to demand justice it isn’t right to take advantage of one’s position. There are responsibilities that need to be carried out. The Orange County office had been allegedly involved in years of misconduct involving jailhouse informants. The prosecutors had also failed to turn over exculpatory evidence. It was a defense lawyer that brought attention to about the alleged misconduct. In March 2014 Judge Thomas Geothale issued an order that the entire Orange County District attorney office were ineligible to work on a significant death penalty case. The Orange County district attorney’s office was no small office. It had around 250 prosecutors. 250 prosecutors were disqualified because they had no respect for the law. They did what they wanted without thinking of the consequences their decisions would lead to. They didn’t think about the people who they put behind bars who might have been innocent. All they cared about was winning and if winning meant not handing over exculpatory evidence so an innocent person had to go to jail then so be it. As long they won. The alleged misconduct of the Orange county district attorney’s office goes all the way back to the

Why is the pretrial process important?

The importance of the pretrial process in a trial is paramount. For the defense, hearings held before the trial could assist them in suppressing evidence, getting charges dismissed, discovering more about the charges of the accused, discovering witness testimony and to lock it in, as well as other things. Motion hearings are extremely important to the defense to see if they should continue with going to trial or not. Only a small percentage of cases actually go through the trial process, also

What is the committee's responsibility?

The committee’s responsibility is to maintain a balance between police independence and to complete investigations and maintain order without undue political influence, or influence from any other source while remaining accountable to the public. The belief that civilians do not understand what a police officer faces on a daily basis becomes the crux of most complaints made by

What does Bogira show about the criminal justice system?

Bogira effectively shows how a lack of ethics in the criminal justice system leads to an anti-defendant bias and an immense miscarriage of justice. The books tells the stories of several defendants- from bond hearings to

What is a prosecuting attorney?

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.

What is the primary duty of a prosecutor?

A code of ethics for prosecutors published by the American Bar Association says: ''The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. …. The prosecutor should seek to protect the innocent and convict the guilty.''.

How long does it take to become a prosecutor?

Aspiring prosecuting attorneys must first obtain a four-year degree from an accredited university and then graduate from law school, which typically takes an additional three years. Law students interested in becoming prosecutors often focus their studies on criminal law.

What is a prosecutor?

Prosecutors must be masters of all aspects of criminal law and also effective communicators with the defense, victims, witnesses, courts, law enforcement and other parties.

Who is the first to speak at a trial?

Prosecuting attorneys are the first to speak when a trial opens, laying out the case against the accused. They introduce and interview witnesses to present evidence that the accused is guilty as charged beyond a reasonable doubt.

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.

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.

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.

Who gave the power of prosecutor?

Powers of the Prosecutor. Robert H. Jackson, Attorney General of the United States, delivered an address during the second annual conference of united states attorneys on April 1, 1940 in the Great Hall of the Department of Justice Building in Washington, D. C. The speech Jackson gave demonstates the power of prosecutors.

Who was the Attorney General of the United States in 1940?

Robert H. Jackson, Attorney General of the United States, delivered an address during the second annual conference of united states attorneys on April 1, 1940 in the Great Hall of the Department of Justice Building in Washington, D. C.

What is the role of a prosecuting attorney?

and defend, on behalf of the state or county, all actions or proceedings, civil or criminal, in which the state or county is interested or is a party.". In most of these states the jurisdiction of the prosecuting attorney.

What is the duty of a prosecuting attorney in Indiana?

not only with the health of persons but also with that of live stock. In at least four states the prosecuting attorney is charged with the. duty to prosecute any person who practices as a veterinarian without. a license,70 and in Indiana it is his duty to aid the state and county.

What does an attorney have to attend to?

attorney must attend to are the classification of eggs, the adulteration. of cider vinegar, unclean bakeries, the apple marketing act, the laws. regulating the sale of oleomargarine, laws concerning the standard. weight and sale of bread, and the pollution of water.48 In several.

What is the goal of a prosecutor?

The prosecutor’s goal is to enforce the laws by convicting offenders and ensuring they are sentenced to certain penalties. The judge is supposed to serve as a neutral decision-maker. The defense attorney is the individual who protects the rights of the defendant. Under United States law, all defendants have important rights, including:

Why do defense attorneys work?

They work to ensure that courts do not wrongfully convict defendants or impose excessive sentences for convictions. However, an attorney does a lot before the case ends.

What are the rights of a defendant?

Under United States law, all defendants have important rights, including: 1 The right against unreasonable searches and seizures 2 The right to remain silent 3 The right to reasonable bail 4 The right against double jeopardy 5 The right to a speedy trial 6 The right to a jury trial (in most cases) 7 The right to examine witnesses 8 The right against cruel and unusual punishment 9 The right to the presumption of innocence until proven guilty

What is the right to the presumption of innocence?

The right against cruel and unusual punishment. The right to the presumption of innocence until proven guilty. One of a defendant’s most important rights is that to legal representation under the Sixth Amendment.

What is a plea bargain?

Discussing the possibility of a plea bargain with the prosecutor, which may involve agreeing to plead guilty to lesser charges or to receive a lesser sentence. Helping you decide whether to plead guilty or take your case to trial. Representing you at a jury trial.