The Role Of The Prosecutor Essay

892 words - 4 pages

The Role of the ProsecutorAll 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...

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