Case Analysis : Prosecutor 's Duty Essay

Case Analysis : Prosecutor 's Duty Essay

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Prosecutor’s duty is to seek justice, present the judge and jury with facts and sound legal arguments that result in the conviction of the guilty defendant and not conviction of the innocent as we have seen in many cases in the past. They have a duty also to disclose exculpatory evidence to the defense attorney (Burke, 2010. P. 2135). Prosecutors consist of the group of criminal justice professionals with no accountability for their professional action or deliberate inaction. They willfully manipulate facts and evidences in order to secure a conviction at all cost. They are driven, not by the desire to ensure justice, rather, they are fixated on winning by all means possible, to enhance their professional record of successes, measured by the number of cases they prosecuted that resulted in conviction. Schoenfeld (2005) thinks prosecutors’ “score-keeping mentality” or conviction psychology that compels them to win at all costs, is the reason for prosecutorial misconduct (Schoenfeld, 2005. P. 252). Morey, (2012) states, "prosecutorial misconduct stems from a 'win at all cost ' mentality underlying the desire to further a career, or a firm belief in the defendant 's guilt notwithstanding admissible evidence”. John (2005, p. 53) wrote, “While certainly the vast majority of prosecutors are ethical lawyers engaged in vital public service, the undeniable fact is that many innocent people have been wrongly convicted of crimes as a result of prosecutorial misconduct; prosecutors are rarely disciplined or criminally prosecuted for their misconduct”
One would think that criminal trials, having the potential to deprive a defendant of liberty and indeed in some jurisdictions, life, would necessitate a stringent process before conviction, id...


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...every phase of a criminal case, from the commencement of an investigation through the sentencing of a defendant after conviction. It is crystal clear that the supposed checks on prosecutorial misconduct fail to deter or punish misconduct or to protect the wrongfully accused. Empirical studies establish that prosecutorial misconduct is a significant factor leading to the wrongful conviction of many innocent people. According to Johns, (2005. P. 149), “Civil liability will provide a needed check on misconduct and a needed remedy to the victim; qualified immunity provides sufficient protection to the honest prosecutor while permitting the development of constitutional doctrine, the evolution of enforceable professional norms, and the implementation of needed remedies” Prosecutorial accountability holds the key to the enhancement of the criminal justice system integrity.

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