The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here. The prosecutor can get away with misconduct; because if it were proven that the prosecutor was actually responsible for misconduct it would greatly undermine the goal of the state, which is to seek justice. If the prosecutor is misconducting themselves then it gives the impression that the prosecutor is not interested in justice, but more so a conviction, whether it be done so legally and ethically, or not. Prosecutorial misconduct happens, and
The role of a prosecuting attorney is to review all evidence against a person or party and build a case against the person(s). A prosecutor is typically in charge of bringing criminal charges against a person(s) and presenting their evidence to a court to assure a conviction. They work directly for the district attorneys office of a jurisdiction and are responsible for presenting the state’s case against the defendant. The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are an affront to the public. The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case.
A convenient way to conceive of philosophical arguments is to envision the arrangement of a Criminal or Civil Court. Who are the participants in the typical court situation? Of course there is always a judge with special training and authority to over see the rules for administering justice between the parties to the dispute. Who else? Well there is the prosecutor representing the jurisdiction whether City, State or Federal (or claimant who has filed a claim against a litigant who has done something for which the claimant seeks retribution) and the defendant who under some circumstances may act in his or her own defense but in all likelihood a licensed, practicing attorney who acts on behalf of his client(s).
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
tion Prosecutor vs Defense Counsel Tammie Matthews CJS 220 September 7, 2012 Thomas Lawrence Prosecutor vs Defense Counsel The Prosecutor and the Defense counsel play very different roles in the courtroom but both roles are vital in the outcome of the accused on trial. They both are responsible to display their legal skills and are responsible for using these skills to protect, defend, and uphold justice. The contrast is that these attorneys manage their responsibilities from very different perspectives (The Writers Office Online, 2012). The Prosecutor seeks justice above the importance of obtaining convictions. They are required to balance the interest of the community against the interest of defendants
Depending on the case load and the lay out the court house the venire is can range from a small group to a larger group. Once the venire’s are in place the excitement is about to begin. The process of voir dire is a process which allows the judge as well as the attorneys to weed through the juror by a process of elimination. This process is a series of questioned that are asked to the jurors themselves to eliminate the biased individuals from being part of an actual trial. This is also a system of check and balance that hopefully will contribute to a fair trial.
This is the Due Process Model at work. It is protecting the citizens from the state and federal governments from drawing out the trials, and allows for the citizen on trial to bring fourth witness and evidence to support their innocence in a court case. The state and federal government will have limited control over the sixth amendment in a case; such the Crime Control Model does not come into
Evidence and Sentencing Mark Passi CJA 204 January 25, 2012 Ray Rawlins A presiding judge in a court of law is to make sure constitutional rights of the accused are protected during trial proceedings. A conviction by a court jury of the defendant will give the judge authority to impose reasonable punishment based upon the severity of the crime committed. The goal of “retribution” to a convicted person has changed throughout history of the criminal justice system. It is important to give a well deserve punishment for the severity of the crime. This sentencing goal is critical due to the fact that different state has different sentencing laws.
In criminal defense cases there can be several type of defense types which are used in order to try and convince the jury and judge that the defendant is not guilty of his/her crime. Some types of common criminal defenses are that of The Insanity Defense, The Affirmative Criminal, Coercion and Duress, Abandonment or withdrawal and many others as well. Criminal defenses are not the types of options that just come up but instead there are the factors that all defendant attorneys work towards for their client so that they can prevent a guilty verdict upon the case. All criminal defenses are constructed so that an argument(s) can be created upon the prosecuting attorneys, so that no charges fall against or go through to the accused defendant. Criminal defense of insanity is one type of popular strategy which is tried to be used by many criminal offenders whom are found to be guilty of their crimes or are about to fall within law’s hands.