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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