Essay On Prosecutorial Discretion

The Role of the Prosecutor Essay

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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.
In today’s justice system, law enforcement contributes a significant role in the…show more content…

Defense Attorneys
A criminal defense attorney is a lawyer that is specialized in the defense of those who are charged with criminal conduct. Defense attorneys deal with the surrounding issues of an arrest of their clients, and the substantive issues of a crime that he or she is charged. In the United States, each individual who is brought to trail is eligible for a defense attorney, according to the sixth amendment. If an individual cannot afford an attorney, one is a pointed by the courts; these individuals are called public defenders who are employed by the government. The duties of a defense attorney, is to advocate and advice. In order, for the defense attorney to work effectively, the defendant must supply all the facts and information surrounding the case. Moreover, the defendant is protected by attorney- client privilege. Thus, any exchange information concerning the case is private and protected under the law. The criminal defense attorney role is to assist the courts with the truth-seeking process by presentation an oral argument in favor of defendant innocence. The average case calls to “advocate with courage and devotion and to render effective, quality representation” (Flower, Page 650, paragraph one). The misconceptions of a defense attorney are that she or he performs duties begrudgingly whether or not the attorney believes in the innocents of the client. The writer considers the availability of an exchange of

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Prosecutorial Discretion
Prosecutors play very important roles in the courtroom.   Prosecutors are granted the right by the courts to have discretion upon a case.   Although, prosecutors are obligated to execute the law at both federal and state levels, they still hold the discretion of what charges to try and convict the defendant on.   Prosecutors have a wide range of authority in the courts; therefore, the active prosecutor(s) must efficiently analyze any evidence being presented in a case in order to determine if the case will be strong enough to withhold a trial or even if the accused defendant is chargeable.   In the case of Bordenkircher v. Hayes (1978), the court stated, “so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.”
Although there are many factors that come into play when a prosecutor is considering dismissing a case, the most prominent issues are state and federal resources, time, and investigative teams.   When there is an insufficient amount of resources and time, the accused may be more subject to leniency from the prosecutors.   Moreover, the counter argument for lenient behavior is that because prosecutors are not following through and charging certain cases, then they are not fully executing the law.   Additionally, many people believe there is a strong possibility that some prosecutors will abuse their discretion privileges (Slobogin, p548).
In the federal courts, prosecutors also have the discretion to join charges.   Joinder analysis usually proceeds in two stages under the typical statute.   Permissibility of the joinder charges are determined in the first stage, and the second stage decides whether the joinder would prejudice one or both of the parties, in which case severance is granted.   The most prominent reason for joinder trials...

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