Essay on The Role of the Prosecutor - 880 Words

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, the 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†¦show more content†¦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 toShow MoreRelatedThe Role of the Prosecutor Essay1522 Words   |  7 PagesSystem, there are four key attributes in the role of the prosecutor. There are discretion, resource dependence, sequential tasks, and filtering. The prosecutors are lawyers that are accountable for presenting criminal cases in trial. The United States Attorneys are pointed by state or government, and represent the federal government in courts. They prosecute all adults who commit felonies and juveniles who commit delinquent crimes. 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