Roles, expectations and behavior of the prosecutor

Roles, expectations, and behavior of the prosecutor

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Roles, expectations, and behavior of the prosecutor

            A prosecutor is an attorney who investigates and prosecutes criminal cases, gives legal advice to agents, lawyers, and prosecutors investigating criminal cases, regardless of the title or agency (The American Bar Association, 2017). In American courts, the prosecutors are the most powerful officials. The criminal standards justice helps the prosecutors abide by laws and know the roles. As such, this paper should discuss, analyze, and critique the prosecutor’s roles, expectations, and behavior.

Regarding the American courts, prosecutors are entitled to several duties and functions. First, the prosecutor serves the public and not the individual victim and government agency (The American Bar Association, 2017). During the investigation, the prosecutor does not represent the law personnel who did work on the law and are not client prosecutors. Second, in the heightened duty of candor, the prosecutors have a heightened candor duty by commenting on cases and fulfilling public obligations (The American Bar Association, 2017). Third, in preserving the record, the prosecutor should make necessary complete records and steps, including making objections, filing motions, requesting the hearing of evidence, and offering proof of excluded evidence where necessary.

Forth, considering improper bias prohibited, the prosecutor should not exercise, bias, and conduct or words upon religion, sex, age, gender identity, and socioeconomic status. The prosecutor should not inappropriate and improper consideration, such as exercising prosecution discretion and political considerations, by striving to eliminate bias when informed that it exists within the prosecution activity (The American Bar Association, 2017). Fifth, in conflicts of interest, the prosecutors should abide by ethical rules, know them regarding conflicts, and be sensitive to facts that may raise conflict issues that apply in the jurisdiction. Lastly, considering diligence, promptness, and punctuality, the prosecutor should act with promptness diligent and punctuality to investigate criminal charges fair, accurate, defendants’ rights, witnesses, and victims (The American Bar Association, 2017).

Malicious prosecution is a type of civil lawsuits where the plaintiff sues the defendant regarding a prior case (Boeschen, n.d.). It occurs when the plaintiff, with malicious intent, initiates baseless litigation against the defendant. The American courts allow malicious prosecution as long as the plaintiff proves the malicious intent even when there is a lack of probable cause. Vindictive prosecution is a type of civil law defied by the United States Court Of Appeals as where a prosecutor charges serious violence regarding exercise done by the constitution. It’s a vengeful prosecution where the plaintiff files a lawsuit to harass the defendant (“US Legal,” n.d.).

Prosecutors control the outcome of most criminal cases through the charging of cases. The decisions they make have a big impact and consequences. Prosecutors have the power to charge; they decide whether they should charge an individual and what the charge should be (Davis, n.d.). The charging decision is left for the prosecutors, and he/she decides whether the person will face the charge. The prosecutor has many options; he/she can dismiss the case. Since the decisions are made privately in the prosecutor’s offices, even individuals would not be aware of the dismissal (Davis, n.d.). The prosecutor has a wide range of determining charges to bring if he/she decides to formally charge the individual. For example, Most American drug statutes say a person should be charged with drug possession depending on the amount found. So, even if the amount is small or large, the prosecutor may charge a person with drug possession. The defendant is convicted if the charging decision is crucial, for the judge might decide to sentence him for a prison mandatory year or even to death.

When discovered that the prosecutor has acted against criminal or civil charges, whether publicly or privately, misconduct allegations should be made against the prosecutor. The prosecutor is asked to offer evidence for the delivery compliance to prove the crime concerning the evidence.

Considering the Glenn Ford case, my opinion on what should be done to a prosecutor when it has been discovered that he or she has gone against criminal or civil charges is that the prosecutor should be subjected to the same punishment the defendant went through. For example, in the case of Glenn Ford, prosecutor Marty Froud was to pass the same sentence he had passed on Glenn Ford since he did not consider the evidence provided during the ruling and filing of the case (Marty, 2017).

In conclusion, even though prosecutors perform their roles ethically and legally, most of their policies and charges yield unjust results and consequences. Prosecutors should have a great interest in eliminating unjust and unfair treatments since they are elected officials for the public in the American Courts. Prosecutors have a long way to go to restore fairness and justice during balance and preceding and charging of cases to eliminate mistreatments to victims and allow transparency during the charging of cases in American Courts.

References

Boeschen, C. (n.d.). Lawsuits For Malicious Protection  Or Abuse Of The Process. Retrieved from https://www.alllaw.com/articles/nolo/personal-injury/lawsuits-malicious-prosecution-abuse-process.html

Davis, A.J (n.d.). The Power and Discretion Of American Power. Retrieved from https://journals.openedition.org/droitcultures/1580

Marty, A.M. (2017). Lead Prosecutor  Apologizes For Role In Sending Man To Death Role. Shreveport. Retrieved from https://www.shreveporttimes.com/story/opinion/readers/2015/03/20/lead-prosecutor-offers-apology-in-the-case-of-exonerated-death-row-inmate-glenn-ford/25049063/

The American Bar Association. (2017). Criminal Justice Standards For The Prosecution Function. Fourth Edition. Retrieved from https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/

US Legal. (n.d.). Prosecutorial Vindictiveness Law and Legal Definition. Retrieved from https://definitions.uslegal.com/p/prosecutorial-vindictiveness/

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