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The role of a prosecutor in the courtroom
The role of a prosecutor in the courtroom
The importance of a prosecutor
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The Role of the Prosecutor
All serious criminal cases require the participation of three
individuals: the judge, counsel for the prosecution, and counsel for the accused.
If any one of these are absent from the procedure, "the criminal justice system
is incomplete" (Congress). The prosecutor stands at a critical stage in the
criminal justice system as well as playing a critical role before, during and
after the trial. They serve many functions throughout the criminal process.
Some of which are investigating, plead bargains, questioning both jurors and
witnesses, and being involved through the sentencing as well.
The first thing that must be understood is that the duty of the
prosecutor is to seek justice, not merely to convict. It is crucial that his
obligation is to protect the innocent as well as to convict the guilty, to guard
the rights of the accused as well as to enforce the rights of the public. The
prosecutor should have the most knowledge of the work of the police in the
investigation of crimes and in the enforcement of law. The prosecutor has
tremendous amount of desecration as to what charges will be brought against an
accused person or whether to even dismiss charges based on lack of evidence.
Since his decisions account for a large share of cases that are taken into the
courts, "the character, quality and efficiency of the whole system is shaped in
great measure by the manner in which he exercises his broad discretionary
powers" (Britani...
Typically the most basic civil liberties are found in a country’s bill of rights and then that country passes amendments as needed in order to grow the peoples’ civil liberties, or shrink them if need be. Now, in the case of the United States the people are not “granted“ civil liberties by the...
Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...
This trial was between a group called the Mau Mau and Great Britain. Great Britain colonized Kenya in 1895. Great Britain's colonization of Kenya had major effects, good and bad.But in the early 1900’s, the Kenyans wanted independence. They formed a independence group called the Mau Mau. The Mau Mau were mostly made up of a tribe called the Kikuyu. As they tried peaceful protests and demonstrations, the Mau Mau were usually attacked by the British. Britain believed in order to stop the Mau Mau from their independence movement and the violence they were causing on the Britain's, Britain needed to use force. The purpose of this trial was not to make a decision about if Britain's violence was justifiable or not, but to figure out if the Mau Maus
the security of a free State, the right of the people to keep and bear arms,
obliged to endeavour to cause as little harm to the other person as possible, and why? At
(a) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards.
- These rights are natural rights, petitions, bills of rights, declarations of the rights of man etc.
"That in all capital or criminal Prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for Evidence and be admitted counsel in his Favor, and to a fair and speedy Trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the Government of the land and naval Forces in Time of actual war, Invasion or Rebellion) nor can he be compelled to give Evidence against himself. "
The constitution of the United States of America contains the amendments that give American citizens their everyday rights and privileges. “Within the first eight amendments of the Bill of Rights, there are 25 specific liberties and protections for individuals. Of those 25 protections, fifteen relate directly to the criminal process.” This information comes from sixthamendment.org. These amendments include things like: freedom of speech, the right to a speedy and fair trail, the right to a grand jury and right to a fair trial in cases of criminal trials, and the right to bail. In this essay we will discuss only the Fifth, Sixth and Eighth amendment and how it protects the citizens of the United States.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
that society has a moral obligation to protect the safety and the welfare of its
To promote citizen ownership by involving them directly in the justice process, providing opportunities for
This essay will discuss the role of the criminal justice professional in serving both individual and societal needs. It will identify and describe at least three individual needs and three societal needs, in addition to explaining the role of the criminal justice professional in serving each of these needs. Illustrative examples will be provided for support.
As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice.