Court Cases: The Role Of The Prosecutors

The prosecutor has more contact with everyone involved with the crime than maybe anyone else. He or she has contact with the person suspected of the crime, the victim, witnesses, and also works alongside the police to investigate and ensure the correct person is held accountable.

* Although the police, judges, defense attorneys, and probation officers remain involved in specific duties, the prosecutor proves challenged in phases of the court process. Prosecutors challenge judicial decisions at times (Byrd, 2001). The office of the prosecutor proves part of the executive branch of the government. In all phases of the court process, given broad discretion, his/her job is to advocate the guilt of defendant vigorously. The prosecutors represent the people. Prosecutor screen the case. They determine if a crime has been committed. They research the crime to examine if a suspect has proved properly identified and if the evidence is sufficient to support a guilty verdict (Schmalleger, 2011).

In the American Criminal Justice System, 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. Conjointly, the prosecutors have further responsibilities, such as legal adviser of the country commissioners, the Board of Elections, and written admonition of the prosecutors.

Decide which witnesses could support the prosecution’s case and which witnesses would support the defense’s case. How does Search and Seizure relate to the B.I.G. case?

The trial court erred and abused its discretion in granting the State’s motion to admit evidence of prior uncharged incidents of domestic violence, because the evidence denied Mr. Davis of his rights to due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution, and Article I, Section 10 of the Missouri Constitution, in that the evidence was more prejudicial than probative because it was too remote in time to be relevant to the charged crimes and had a prejudicial effect.

Now comes the Defendant, Joseph Bettina, files this Motion For temporary Support and would shows:

The roles of defense attorneys and prosecutors are extremely vital and very challenging. The role of a prosecutor is to bring about justice, charge those who are responsible for the crime, and endorse an appropriate reprimand to the judge. I would say that it would very tough to be a juvenile prosecutor. A juvenile prosecutor must always keep in mind that they are prosecuting a minor and should seek rehabilitation as the first sense of justice. When prosecutors try cases involving juveniles, they are faced with unique opportunities and challenges. The role of a defense attorney in a juvenile proceeding is to represent the juvenile, act in the juvenile’s best interest, and play a role in rehabilitating the juvenile.

A special prosecutor will be assigned to a case involving a local attorney who allegedly assaulted another man at the Wayne County Courthouse the morning of March 11.

To say that one reason prosecutors engage in misconduct is because the U.S. criminal justice system favors convictions over justice is too vague of a term and it is not necessarily this way. There are other factors that needs to be taken in consideration and it is too skeptic to say it this way for all prosecutors. To encourage justice over convictions, one can participate by giving more training to prosecutors, investigate thoroughly before pressing any charges, and pursue the truth of the case instead of thinking ways to be promoted. Prosecutors are the administrators of justice at trial and they should uphold constitutional rights of everyone involved. The reactions would be overwhelmingly crazy and shocking if we started charging prosecutors

On November 2, 2000 Erma Stewart was arrested along with twenty six others because authorities were under the suspicion that they had been involved with the distribution of an illegal substance. Stewart was jailed and had her bond set to $70,000. She was then appointed a public defender to handle her case. However, Stewart claims that the attorney pressured her into pleading guilty despite her insistence that she was innocent. After spending a month in jail with the knowledge that her children had no to look after them, due to her being a single parent, Stewart conceded and plead guilty to the charges. She was made to pay a fine of $1,000 and was sentenced to 10 years of probation.

Severance works somewhat differently in federal criminal trials because this case involves the indictment of more than one defendant Jones, Walsh and Bert. In Bert 's situation, his defense attorney will provide an argument that a joint trail might be unfair against Bert or reaching a decision on the rape charges against him. The Severance is not automatic because the Federal rule 14 allows judges broad discretion in deciding whether to grant a severance to Bert. To be successful, Bert’s defense will to fill a motion for his severance which must show the concerns for Bert 's right to a fair trial outweigh the goals of the joinder. One of the most successful grounds for seeking severance for Bert arises when Bert wishes not to testify on all, some or any of the charges in the trail but chooses to claim his Fifth Amendment privilege on one or more charges. The separating by court order, such as separate trials for Bert, Jones, and Walsh who are charged with the same crime, or trying the negligence aspect of the rape charge or any other charge before the trail. Such division of issues in the trail is sometimes called "bifurcation." ("Burton 's Legal Thesaurus," 4E. (2007).

Prosecutors are government attorneys responsible for prosecuting violators. (Hall, 2014, p. 339) The prosecutor is the community chief of law enforcement such as Attorney General of the United States and administrator of justice. They may or may not be relevant in such judicial evaluation, depending upon all the circumstances. (Prosecutor Function, 2017) The constitutional mission of a prosecutor is to act as legal counsel to law enforcement officers, rending advice on the law and determine the validity of a conviction or prosecutorial discretion. The prosecutor constitutional missions are to search to reform and improve the administration of criminal justice. When deficiencies or unfairness in the significants or procedural law come to the

To begin with, the job a prosecutor has is to gather the facts of the case, along with interviewing material witnesses, and study the evidence that was collected. Next, there may be two attorneys who work the case and both should make the case hold up in court. Finally, an example of a case “where the prosecutor was unethical was when Michael B. Nifong charged Duke university lacrosse team in 2007 with sexual assault, and other crimes, although the evidence collected did not prove that they were guilty.” (pg.)

In the American system of law, the prosecutor is without a shadow of a doubt the most powerful actor. They are tasked with the execution of justice on our collective behalf. They possess the power to prosecute crimes, they control what evidence is shown to the grand jury, recommend prison sentences, maintain custody of evidence, can choose what is and is not evidence, they have major influence on other law enforcement actors, and have near total control of the plea bargain process. With these aforementioned powers they have the power to either serve justice or ruin lives. With the decision to charge a person with a crime they can do irreparable damage to a person’s reputation, business, livelihood, and family.

Becoming a prosecutor isn’t as easy as it appears on TV. Shows like Law and Order, Criminal Minds and CSI all show versions of the works of the law differently from how it initially is. What is a prosecutor? A prosecutor is a lawyer who conducts the case against a defendant in a criminal court. The prosecutor typically represents the government in the case brought against the accused person.