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The importance of a prosecutor
The importance of a prosecutor
Why is a prosecutor important
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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.
Police
In today’s justice system, law enforcement contributes a significant role in the prosecution of criminals. Police officials use searches and seizures to inspect and collect evidence to convict an individual for suspect of crime. Though, previous to a search taking place, there must be a prerequisite of probably cause, that is, evidence of an illegal act. Further, as the commission report is founded, the evidence is referred to the county prosecutor. In The Criminal Justice System, there are two ways of a felony case is referred to a local prosecutor. The first one is a felony arrest, where the collection evidence is established probable cause. The second kind of a felony case is referred to a prosecutor has an investigation case. As a prosecutor, it is vital to use discretion while processing a case. The prosecutor must make sure that the law enforcement obeys the rules of evidence. The main cause of evidence is inadmissible in court the exclusionary rule. That is, when the police use manipulative tactics that violates the fourth, fifth, sixth amendment of the accused. Therefore, by ...
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Bibliography
Duties of a County Prosecuter. (2007). Retrieved from Seneca County Prosecuter :
http://www.senecapros.org/duties.html
Aizenman, N. (2008, Feburary 29). Washignton Post. Retrieved from New High in U.S Prison
Numbhers: http://www.washingtonpost.com/wp-dyn/content/story/2008/02/28/ST2008022803016.html
Flowers, R. K. (2010). The Role of Defense Attorny: Not Just a avocate. Retrieved from
moritzlaw: http://moritzlaw.osu.edu/osjcl/Articles/Volume7_2/Flowers-FinalPDF.pdf
Ikilo, R. (n.d.). Prison System in America. Retrieved from Lasc:
http://www.lasc.edu/theword/Features/Entries/2009/3/26_Prison_System_in_AmericaBy_Roland_Ikilo.html
Kaiser, H. J. (2003). T.V Violenc. Menlo Park, California : Family Foundation.
U.S District Court, C. D. (n.d.). Pretrial Hearing. Court Interpreter, 1-2.
This leads explanations leads to the conclusion that there are implications of being part of the criminal justice system. The exclusionary rule along with other justice terms such as the fruit of the poisoned tree force police and other law enforcement members to obtain evidence properly and in respect to the Due process. According to the textbook Criminal Justice in Action, any arrest or seizure is unreasonable unless is supported by probable cause (Gaines, 2011). More than probable cause, police officers should rely on facts and circumstances that will lead them to arrest the individual accordingly.
Trachtenberg, B. (2009, February). Incarceration policy strikes out: Exploding prison population compromises the U.S. justice system. ABA Journal, 66.
When police officers investigate suspect, especially a criminal suspect, public interest was against and officers owe a duty of care to general public for the purpose of public safety. Meanwhile, private interest was against as well and officers owe a duty of care to suspect to ensure suspect’s rights and avoid charging innocent person. In order to balance these two conflict interests, a clear standard of care need to be established so police officers could follow the procedures to prevent negligent investigation.
“Beyond a Reasonable Doubt” clearly demonstrated the role of a prosecutor in the courtroom. Albeit in a negative manner, Hunter effectively bridged the functions of the police to the criminal justice process during the trial of Metcalfe (Neubauer & Fradella, 2014, p. 150). The murder trial of Metcalfe provided a frightening view of prosecutorial misconduct and unethical behavior of a prosecutor. Hunter betrayed the public he served by conspiring with Lieutenant Merchant to fabricate DNA evidence to ensure victory in the courtroom.
During the early half of the 19th century, there were two new models of prisons being built in the United States. Along with the new styles of prisons being constructed, two new styles of correctional systems were developed, the Pennsylvania system, and the Auburn, New York system (Mays & Winfree, 2009). Although the designs of the actual prisons were dramatically different, both systems shared similar ideals, with regards to how inmates should spend their days. Ultimately, the Auburn system prevailed as the more popular system of corrections in the United States, with some of the system’s correctional philosophies being used well into the 20th century (Mays & Winfree, 2009). Before discussing the actual philosophies, which were used to manage the inmates in each system, we should first look at the difference in the design of the prisons used in each system.
“Most Supreme Court Cases regarding criminal justice try to strike a balance between the rights of the individual and the rights of the society. The Supreme Court has the difficult task of bringing balance between these two often conflicting goals.” (POLICE, 2011, p.181).
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Strategies that control the use of discretion are, therefore, very important. The benefits and problems of police discretion and controlling strategies are the focus of this essay.
An American resolution: The history of prisons in the United States from 1777 to 1877 by Matthew Meskell. Stanford Law Review.
In order to understand how to compile evidence for criminal cases, we must understand the most effective types of evidence. This topic is interesting because there are ample amounts of cases where defendants have gotten off because of the lack of forensic evidence. If we believe forensic evidence is so important and it affects our decisions, then maybe we need to be educated on the reality of forensic evidence. If we can be educated, then we may have a more successful justice system. If we have a more successful justice system than the public could gain more confidence that justice will be served. In order to do this, we must find what type of evidence is most effective, this can be done by examining different types of evidence.
.... J., & Langton, L. (2010, Sep/Oct). A national assessment of public defender office caseloads []. Judicature, 94(2), 87-91. Retrieved from
Prisons have dated back to the twentieth century when the United States had almost two million people confined in prisons or jails. Prisons have been a form of government punishment that has shaped our nation to what it is today. The first jail was established in Philadelphia, in 1970. It was called the Walnut Street Jail and was recorded as the first use of imprisonment through solitary confinement. The basic principles of the new system were to reform those in prison, and to segregate those according to age, sex, and type of offenses charged against them (Schoenherr). The second prison was called Sing-Sing a...
In the year 2014, law enforcement in the U.S. estimated 1,165,383 violent crimes reported (“D2014VC”). Imagine all the people needed just to get to the bottom of these cases! There is an abundant amount of Americans solving mysteries every day to keep others safe. There are crimes being committed all around the U.S. at every second of the day. In John Grisham’s The Pelican Brief, he displays a firm relation between investigators and lawyers through the Criminal Justice System of acquiring suspects and evidence, indicated in the book with an exploration of the scandals of Supreme Court Justices Rosenberg and Jensen (Grisham).
Shelden, R. G. (1999). The Prison Industrial Complex. Retrieved November 16, 2013, from www.populist.com: http://www.populist.com/99.11.prison.html
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers
History in itself is how determine the path that we have taken to arrive at a certain point. Knowing is only half of the equation, we must use that information to develop and improve, so that we can take a better path in the future. In the field of law, this is especially important. Specifically in the Criminal Justice System, history is a roadmap that is mainly used a way to examine the cause and effect relationship between policies, laws, and society.