Have you ever wondered why is the state a party in criminal cases?
It is because any crime that is committed against one is considered to have been committed against the state at large.
Your criminal rights are your rights In Rem. This means that any crime is not a personal crime. It does not only violate the rights of the individual against whom the crime has been committed but also the rights of society. The state is the party filing for the case.
This is the reason that the state provides an attorney to represent the person in Court when a crime has been committed against them. Also, the reason why most criminal case laws are written like: State v. Jane Doe.
Answering: What Is A Prosecutor?
Attorneys who have been appointed by the court to represent the party whose rights have been infringed are called Prosecutors. The Prosecutor presents their case against the defendants, the party accused of violation of rights.
The prosecutor represents the one whose rights have been infringed. The state or the government is the prosecution in most of these cases.
A prosecutor represents the state, federal, and local governments in criminal matters.
Duties: What Does A Prosecutor Do?
In simple words, the prosecutor prosecutes.
To prosecute means to carry out a proceeding against a person or a legal person like an organization. A prosecutor’s job is to file a case and carry on research on it by examining evidence of the case.
□ Prosecutors Work In Coordination With Other Law Enforcement Agencies
They conduct extensive research on crime and arrest records of the accused to make sure that the case being filed against the accused is justified.
□ Plea Bargain
They also use the information gathered to decide on the terms of the plea bargain, if there is to be one.
□ Prosecutor’s Power In Preliminary Hearings
Before commencing the actual trial, a preliminary hearing takes place, enabling both parties to present their case. Upon hearing the defendant’s side, the prosecutor determines the charges to be brought against them and the quantity thereof.
The prosecutor decides if there is going to be a reduction of charges, if all charges are going to be continued, or if there are no charges at all.
When To Hire A Prosecutor?
The state assigns a prosecutor to fight for your legal battle and secure conviction if your rights are infringed and crimes are committed against you.
In cases of civil rights infringement, hiring a prosecutor becomes essential as the state doesn’t provide attorneys for civil cases. Engaging a prosecutor is comparable to hiring a lawyer in these scenarios.
You can go and do a Google search for one or you can ask a close one to refer you to a prosecutor.
When a prosecutor decides to lay charges on the accused and the trial finally begins, the prosecutor’s duty begins for real. It is from then on the prosecutor’s duty to prove the accused guilty.
If you are wondering what a prosecutor will do if you hire them or your state appoints one, here is a list of things your prosecutor will do:
□ Conducts important Interviews
The prosecutor interviews the victims, law-enforcing members, eye-witnesses, and all such parties who are relevant to the case.
□ Cross-Examination
Apart from interviewing, the prosecutor also cross-examines the witnesses called forth by the defense.
□ Presentation Of Evidence
The prosecution presents the evidence required to build their case. Evidence may include photographs, phone call recordings, text messages, emails, etc. Relevant explanations to these are also provided by the prosecutor.
□ Expert Opinion
The prosecutor can call in an expert to examine and opine on the authenticity of the evidence provided.
□ Challenge The Defense
This is the most important function of the prosecutor. They have the sole responsibility to negate the arguments made by the prosecution and ensure the prosecution’s victory.
Who Is A Public Prosecutor?
A prosecutor representing criminal cases is mostly appointed by the court/government.
- Since they represent the rights of the people at large, they are called public prosecutors.
- They file and fight the case against the person accused of the crime.
- A prosecutor’s primary job is to fight against the cases presented by the defense attorney in favor of the accused.
- There are various prosecutors who fight multiple legal battles on behalf of the government/state.
A prosecutor originally exists in the following legal systems.
They are:
1. The Common Law System
In the legal realm, the Adversarial system, commonly seen in many criminal cases, involves two sets of attorneys. One group advocates for the rights’ holders (prosecutor), while the other defends those accused of violating those rights (defendant).
These opposing groups present their arguments before an unbiased jury, which renders a verdict by determining the side that presents the most convincing case.
2. The Civil Law System
In this structured legal system, civil law focuses on personal rights. When an individual’s rights suffer harm, they need to personally engage a prosecutor to represent them.
The state doesn’t allocate a prosecutor for civil cases, requiring individuals to take the initiative and secure legal representation for their rights’ protection.
How To Become A Prosecutor?
A prosecutor carries the immense duty of delivering justice to victims of crimes and civil wrongs. Therefore, it’s crucial to have a competent prosecutor capable of managing this responsibility effectively.
The prosecutor’s proficiency directly impacts the pursuit of justice for those affected by offenses or violations of civil rights. Thus, ensuring the capability of your chosen prosecutor becomes paramount in guaranteeing fair and effective legal proceedings.
What Are Steps To Follow To Become A Prosecutor?
If you’re interested in law or becoming a prosecutor, keep reading.
- Start by getting a bachelor’s degree. Then, take the LSAT exam after graduating to apply to law schools.
- Enrolling into a law school and earning a Juris Doctor degree comes next.
- The individual has to then pass their Bar Exam and ensure that they have full knowledge of the workings of the US legal system.
Who Are Federal Prosecutors?
Federal prosecutors, also known as federal attorneys, are individuals appointed directly by the President of the United States.
These positions are highly esteemed and quite rare, with only 96 individuals serving in this capacity across the entire country. Their role is important in the legal system. Additionally, it often involves supervision of trial-related tasks like the kind assistant prosecutors perform.
Hence, they make sure that legal proceedings take place effectively and fairly.
Their direct reporting authority is to the Attorney General of the United States, who holds the highest position in the Department of Justice.
The Attorney General plays a very important role in overseeing the actions and decisions of federal prosecutors. Hence, they ensure that we legal protocols and that justice prevail within the federal legal system.
This system of oversight is designed to guarantee the adherence to legal standards and the fair execution of the law at the federal level. After all, people trust the integrity and fairness of the justice system as a whole.
And That’s A Legal Wrap!
A prosecutor is the life-saver of the one whose rights have been infringed. It is the victim’s responsibility to honestly state the facts of the case. And, it is the Prosecutor’s responsibility to make sure that the accused faces conviction for their crimes.
A district attorney, who serves as a prosecutor in a case usually earns about $75,500 a year. These positions are highly sought after due to the federal power and prestige they bring.
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