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The Role Of The Prosecutor

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...