РефератыИностранный языкPrProsecutors Essay Research Paper The Role of

Prosecutors Essay Research Paper The Role of

Prosecutors Essay, Research Paper


The Role of the Prosecutor


All serious criminal cases require the participation of three


individuals: the judge, counsel for the prosecution, and counsel for the accused.


If any one of these are absent from the procedure, Athe criminal justice system


is incomplete@ (Congress). The prosecutor stands at a critical stage in the


criminal justice system as well as playing a critical role before, during and


after the trial. They serve many functions throughout the criminal process.


Some of which are investigating, plead bargains, questioning both jurors and


witnesses, and being involved through the sentencing as well.


The first thing that must be understood is that the duty of the


prosecutor is to seek justice, not merely to convict. It is crucial that his


obligation is to protect the innocent as well as to convict the guilty, to guard


the rights of the accused as well as to enforce the rights of the public. The


prosecutor should have the most knowledge of the work of the police in the


investigation of crimes and in the enforcement of law. The prosecutor has


tremendous amount of desecration as to what charges will be brought against an


accused person or whether to even dismiss charges based on lack of evidence.


Since his decisions account for a large share of cases that are taken into the


courts, Athe character, quality and efficiency of the whole system is shaped in


great measure by the manner in which he exercises his broad discretionary


powers@ (Britanica).


Like other lawyers, the prosecutor is subject to disciplinary actions


for conduct that is prohibited by Acodes and cannons@ (Matrix). These Acodes


and cannons@ are intended to assist and advise the prosecutor.


The majority of the prosecutor=s work load consists of cases which a


complaint was either files by a citizen or by following an arrest made by the


police. But there are instances where a citizen is unwilling to prosecute. It


is important that, under these circumstances, the prosecutor investigate


criminal acts on his own Ainitiative and independent of citizen complaints or


police activity@ (Congress). AMost prosecutors express willingness to accept


this responsibility, provided they have adequate investigative resources@


(Congress).


It is essential that a guilty plea is entered not only voluntarily, but


understandingly as well. A plea entered Aas a result of a prosecutor=s


promising concessions beyond his power to fulfill@ (Matrix) is involuntary and


the defendant Ais entitled to withdrawal it@ (Matrix). It is therefore


important that the prosecutor make it clear to the accused that he is not able


Ato assure the judicial consequence@ (Matrix) of a guilty plea. AWhen some but


not all charges against a defendant@ are dropped due to the plea of guilt to one


or more other charges, the prosecutor should note that this

is the basis of the


guilty plea. The prosecutor should also note the participation and approval of


both the defendant and his counsel.


The process of examining prospective jurors (voir dire) is designed to


give the counsel an opportunity to determine if each juror is able to make a


decision on the case fairly and without bias. Regrettably, voir dire is often


abused by lawyers. ARecognizing the existence@ of these abuses, it has been


recommended that the questioning of jurors should Abe done by the judge allowing


counsel to make reasonable inquiry subject to the control of the court@


(Britanica).


Another important function of the prosecutor is his responsibility to


present evidence in court. It is unethical behavior for a prosecutor to


knowingly offer false evidence, Awhether by documents, tangible evidence, or the


testimony of witnesses@ (Matrix). It is also unprofessional for a prosecutor to


present evidence which is know to be tainted for mere sake of presenting it in


plain view of Athe judge or jury which would tend to prejudice fair


consideration by the judge or jury@ (Matrix).


Another important part of the prosecutors function is the questioning of


witnesses. The prosecutor should avoid Adiscrediting or undermining a witness@


if he knows the witness is testifying truthfully (Congress). Also, when a


witness has claimed the fifth amendment (self incrimination), courts inform


jurors Afrom drawing evidentiary inferences from the fact that a witness has


claimed a privilege@ (Congress). Most courts condemn questions which attempt to


give impressions which are negative Awhen the questioner has no evidence to


support the innuendo@ (Matrix). For example, AHave you ever been convicted of


the crime of robber?@


Lastly, the prosecutor will at times Aneed to urge the courts to take a


stronger stand in sentencing@ (Congress). But it is important to realize that


the prosecutor is there to see that justice is fairly served and not to Ameasure


his effectiveness by the severity of the sentences impose in the cases he


prosecutes@ (Congress). This can be achieved if the prosecutor will not imply


to the public that his success should be measured by these Aseverity of


sentencing.@


The prosecutor should remember that through out all things, justice


should be served. Even though they serve various functions through the course


of the criminal process, such as investigating criminal acts, plea bargaining,


questioning jurors (voir dire), questioning witnesses, and participation in the


sentencing phase, they should realize that a persons life and reputation are


stake. Even more importantly, the innocent is convicted, the guilty is also set


free.


Reference


Library of Congress. gopher://marvel.loc.gov


Matrix of Birmingham. telnet://165.113.187.2


Britanica Online. http://www.eb.com:180/

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