State Prosecutor Research Paper

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” These are the first 52 words of the constitution looked at to be the most important part of the constitution; it lists six objectives and purposes of government. Everything in this Constitution is supposed to serve theses six purposes.

We all strive for something. Excellence, confidence, and adventure are just a few of the things people strive for. What about freedom? I’d hope we could all agree that freedom is something we all strive for. Imagine not being able to say what your thinking, or marry who you want to marry, or even make decisions for yourself. Think about how that would affect your life. Freedom is intended in the Preamble of the constitution using the words “justice,” “liberty,”and “posterity, ” as a means to describe what this freedom would look like. The Preamble to the Constitution is most compelling for Americans today because it promises the people rights and freedoms that unite the people and cannot be taken from them.

When America’s founding fathers broke away from England, they weren’t the first colonial Englishmen on the American continent, there were plenty of French, Spanish, Dutch and even Russian colonial outposts established before them. What makes the English colonies along the Eastern seaboard story so important, was the fact that 13 colonies joined together to form what is now known as the United States. Furthermore, this 13 colonies New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia risk their lives, fortunes, and sacred honors to start a new nation free from Great Britain’s rule. In the mist of declaring independence from the most powerful nation on earth, America’s founding fathers created a governmental system that was unfamiliar during their era. America’s founding fathers created a government designed to protect civil liberties and encourage independence, a complex yet young and evolving system.

Like police officials, the public views prosecutors as the heroes in criminal cases because they are the ones who are acting for the good of the people, helping to fight crime, and ensuring the safety of the public. Or so we are lead to believe. However, many cases like the Nicarico case or the Rivera case show that the prosecutors are doing the opposite, and are instead hurting innocent people. In the Nacarico case, one instances of misconduct was when the prosecutor collaborated with their lieutenant, stating that he had been aware of the statement made by Cruz and was listed by the prosecution as a witness. However, later it came to light that the lieutenant was not in fact made aware of the “statement.” Even though there had been no written record of such a statement, simply because the right people claimed it occurred, the common trust bias in prosecutors and police officials cause the state of Illinois to pursue Cruz for over twelve

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."(Federal Convention, 1788)

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.

Two hundred twenty-five years ago, on September 19th, 1789, the Constitution of the United States of America took on the responsibility of becoming the supreme law of the newly founded United States. As one of the most unique documents ever penned by man, it established a government “Of the people, by the people and for the people,” with “equal justice for all.” 1 The document makes no hesitation to establish power, as the first three words state “We The People,”2 thus placing the supreme power of government not in the hands of those elected, but in the peoples’ hands.

In the end the constitution is one of the most important documents of the time between the Colonization all the way through the Civil War. It was of upmost importance in this time because it without this document we would not have a strong central government to rely on. We would have been stuck using the articles of confederation.

Within this world, there are rare moments when something will actually last for more than 100 years. The items that are left are artifacts presented in museums with no meaning to today’s world. They are there to remind people of what used to be and to help show historians mistakes that were made and possibilities to prevent them from ever happening again. Unlike the artifacts, The Constitution of the United States has not been forgotten, it is actually still very alive today. Unlike most relics, The Constitution still holds a very heroic and patriotic implication, freedom. With freedom comes self-government, freedom of speech, religious tolerance, etc. With all these things comes the great responsibility to adapt and fit to the wants and needs of the decade.

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.)

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”- U.S. Constitution, Preamble

The prosecutor's interest in the prosecution is to win, and for the unscrupulous, unethical prosecutor to win regardless of the guilt or innocence of the accused. The prosecutor's career path could be injured by failing to win, showing the lack of skill as a prosecutor for a lost criminal case, or poor professional judgment in obtaining an indictment which later was dismissed. The prosecutor's career path is enhanced by being, and being known as the "winner", which enables the prosecutor to get more

The prosecutors are a lawyer who represents people who are against either one person or multiple persons who are charged with violating criminal law. The prosecutor has to conduct a grand jury investigation. This means that the prosecutor gets all of the evidence and then the juries decide if there is a probable cause for a criminal charge. Then the prosecutor has to decide if they should prosecute the person. This shows that the even if the evidence give enough support, the grand jury might not let this pass because evidence is not enough to move forward and they want more of it. Then the prosecutor has to investigate more evidence. When the prosecutor wants to move further with the case, they must look over everything meaning they have to study and understand all of the evidence that they have. After seeing if the prosecutor is moving forwards with the evidence, the prosecutor can offer a bargain. This shows that the prosecutor will have to discuss with the defendant if they want a plea bargain. A plea bargain is when the prosecutor agrees to give the defendant a less crime sentencing than what he would normally have to do and they both have to agree on this so the defendant and the prosecutor both have to review all of the rules for the plea bargain. If the prosecutor conducts a trial which means that the case has to go through a trial, then the prosecutor

“The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.” A prosecutor prosecutes someone for an illegal crime. There are different rules in different states for a prosecutor. In some states, a prosecutor would have to show the court a written statement of the felonies. In other states, the prosecutor must gather a “Grand Jury” before charging the culprit with a crime. A Grand Jury is a group of people selected by the prosecutors or prosecutor to review the evidence and tells whether the criminal is innocent or guilty. The Grand Jury also puts their opinion out and sometimes they all do not agree if the criminal gets prosecuted or not. A criminal prosecutor is also a type of lawyer. Becoming a prosecutor has multiple steps from going to college and achieving a law degree, from clearing the bar examination, and achieving the dreams of being a prosecutor.

Let us assume that the case of a federal prosecutor is typical. After all, it sets the standard for lower governmental prosecutors. There is much work that has to be accomplished with the case's items, evidence, statements and material witnesses before the case is ready to brought before a judge and jury after we examine the facts of the original crime and its scene. There are many ethical considerations must be taken into account from the beginning of the case when an investigator is called to the the scene for a crime (let's say, homicide) ("Federal prosecutor ," 2011).