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 the actual trial begins, a preliminary hearing is conducted where both parties are allowed to present their case. A prosecutor on hearing the defendant’s side of the argument decides how many and which charges are to be laid against the defendant.
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?
If your rights have been infringed and crimes have been committed against you, the state will appoint a prosecutor to fight your legal battle to get the accused convicted.
If your civil rights have been infringed, it is time to hire a prosecutor, as the state does not provide attorneys in civil cases. Hiring a prosecutor is the same as hiring a lawyer.
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
Also known as the Adversarial system, this exists in most criminal cases where there are two groups of attorneys. One group represents the rights infringed groups(prosecutor) and the other represents the ones who infringed the rights(defendant).
Both of these groups make their cases in front of an impartial jury that passes a judgment by declaring which side is correct.
2. The Civil Law System
This system refers to a codified law-based system. In civil law, the rights are personal rights. When the rights of an individual are harmed, they have to hire a prosecutor to represent them. The state does not provide a prosecutor in civil cases.
How To Become A Prosecutor?
A prosecutor shoulders the humongous responsibility of ensuring that justice is brought to victims of crimes and torts. Thus, it is of utmost importance that your prosecutor is competent enough to handle the responsibility.
What Are Steps To Follow To Become A Prosecutor?
If the world of law fascinates you or you want to know more about how can one become a prosecutor, read on.
- A graduation degree is first required to pursue one’s dream of becoming a prosecutor.
- Post-graduation one has to take the entrance exam LSAT and qualify for one of the 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 appointed by the President of the United States. There are only 96 attorneys who serve as federal prosecutors in the United States.
Their position is considered to be prestigious and extremely rare. These prosecutors mostly serve as administrative heads who delegate the trial-related duties to assistant prosecutors.
Federal prosecutors are accountable to the Attorney General of the United States, the leader of the Department of Justice of the US.
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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