The Prosecutions Role in the USAs Judicial Process - Research Paper Example

The Prosecutions Role in the USA’s judicial process The Prosecutions Role in the USA’s judicial process Introduction The prosecutor performs the work of prosecution in the United States legal system. They are agents from the office of the attorney general. The prosecutor represents the opinion and the interests of the public in the judicially. All the members of a society have the same interest of protecting themselves from the criminal activities and their effects. That brings the essence of the law enforcement system to investigate the crimes that are committed and also to prosecute them. However, it is the duty of the judicially to ensure that there is no rights violation of the citizens and prosecute only those who deserve. It is the prosecutors duty to identify the interests of both sides and run his duties in the best way that serves all parties (Abadinsky, 2008).  Discussion In the legal system of the United States, the prosecution has the role in the function of the standards. They are to be used in the office of the prosecution as a guide towards professionalism. However, these standards are not to be used to evaluate the prosecutor and, therefore, determine whether a conviction is valid. The prosecutor is charged with the duty towards the prosecution of criminals in the jurisdiction where the court operates. He is the justice administrator, an officer in the court and also an advocate. During the handling of his or her duties the prosecutor must use sound discretion. The office of the prosecutor should always have an aim to seek justice where it lies not just to convict people. The judicial system may suffer from injustices or inadequacies; it is the role of the office of the prosecutor to make efforts to take remedial action. Reforms in the judicial system can be advocated for by the office of prosecution. Another role of prosecution is to be aware of the ethical codes, professional traditions and the law that is within the jurisdiction of the prosecutor (Bugliosi, 2008).  The prosecution office is charged with the mandate of formulating an extrajudicial statement that an individual can be disseminated through the use of public communication. It can only happen if the office of the prosecutor is fully aware that there are chances of prejudicing the proceeding of criminal cases. The prosecutor has the role of preventing prosecution offices employees from making extrajudicial statements that he or she is prohibited from formulating (Medwed, 2012).  The prosecution is obligated with the task of representing matters of fact or in relations to the law during the court proceedings. Another role of the prosecutor is to have regular contact with the judge or the group of judges who are within the jurisdiction of the prosecutor. The value of the relationship is to enable the prosecutor to preserve the ethical codes and professionalism that is necessary between the judges and advocates. However, he should not be part of unauthorized submission of materials to the judge with reference to a particular case to be heard by a judge. Another role of the prosecutor is to ensure that there is good working relationship between his office and the defense council. It will help in finding solutions to the ethical problems in the judicially. In particular the prosecutor can assure the counsel that if they find it necessary to provide physical items that may be influential to a pending case his office will not use the offer as evidence during the hearing of the case. However, he is not limited to providing the evidence in the subsequent hearings with the intentions of proving a crime (Abadinsky, 2008).  According to Medwed (2012), another mandate charged with the prosecution is to avoid the delays that are unnecessary during the dispassion of cases. There should be a promptness and also diligence when it comes to the prosecution of an accused person. He should not make the use of the procedural devices with the intentions of delaying the prosecution of a criminal. He should also make sure that the prosecution function is well organized and in full support. It will be of high value in ensuring that all the criminal charges are disposed of promptly. The officers who are under the prosecution office should make sure they are punctual to attend the case hearings. Submissions should also be done in good time. According to Bugliosi (2008), another role of the prosecution office is to ensure that justice is not endangered. The prosecutor should not have a work load that prevents him or her from rendering quality services. It may also lead to the breach of obligations that are expected of him or her. It is advised of the prosecutor to secure more funds to employ staff so as to reduce the workload that may be present. It is the task of police officers and other investigative bodies to obtain evidence in the cases that are heard n court. However, the office of prosecution may be charged with the mandate of investigating of certain cases. It mainly occurs when the office feels that it was not adequately investigated by other agencies. Another role of the prosecutor is to avoid favors in his office and with the people working under him. The prosecution office should not operate under the basis of sex, ethnicity, race and religion. These factors should not be used during the investigating process or prosecution (Abadinsky, 2008). It is the prosecutors obligation to give legal advice to a witness on his or her rights before being interviewed. The witness has a right to counsel and against self – incrimination when it is a requirement of the law. It is also the prosecutors duty to render advice to the witness when he or she feels like the witness may be subjected to prosecution. However, the advice is limited because he should not do so to influence a witness to testify or not to testify. The prosecution office should provide information to the victims and also witnesses about the case status when they are interested (Abadinsky, 2008).  The prosecutor’s office is charged with the mandate to offer protection against witnesses who may be insecure depending on the profile of the cases they are involved. They may require protection against intimidation. It is the obligation of the prosecutors office to give notices to the witnesses and also victims on the changes that may occur in the judicial proceedings. It should not be a requirement of the prosecutor to have witnesses or victims attend the hearings if their testimony is not required in the judicial proceedings. The prosecutor should seek to minimize the time the witnesses and victims spend in the court (Janosik, 1987). The office of prosecution in the United States has the responsibility of ensuring that victims are given timely notices. The notices that are of value to them are the proceedings that are related to their cases. The disposition of the cases that may also include trial, bargain and sentencing is also of great value. Any decision in the case that may result to the final release of the accused from custody is also important for the victim to be informed (Schubert, 2012). It is the duty of the prosecutions office to ensure that victims of high profile crimes or the representatives they may have are provided with the opportunity to make consultations with the prosecutor before decisions are made on whether to dismiss charges, to dispose of by plea or to prosecute. Chances are also given to the victim to provide information to the prosecutor (Steinberg, 1984).  When there is an urge to use an expert for the sake of an opinion, the prosecution has an obligation of respecting the expert’s independence. The prosecution is also required not t dictate the expert’s opinion formation concerning the subject matter. It is also the role of the prosecution through the prosecutor to explain to the expert the task he or she will be performing in the trial. It is because the impartial expert has been called to assist the fact finders and the mode at which the witnesses’ examination is carried out. The prosecution has an obligation of making sure the experts do not receive an excessive fee. An excessive fee may be incorporated to influence the testimony of the experts or for fixing the amount related to the fee contingent related to the expert’s testimony to be given as well as the case’s result (Bugliosi, 2008).  According to Schubert (2012), the prosecution plays a role of deciding the institution of the criminal proceedings. The prosecution in the United States is vested with the duty of making decisions on how to institute the proceedings of a criminal. This role is carried out by the prosecutors in their respective jurisdiction. It is the prosecutions obligation to take good care of the investigators that are working under their authority. The prosecution in the United States through the prosecutors is required to enhance that all investigators working in accordance to their direction or under the prosecution’s authority have adequate training. It is the prosecutions obligation to ensure that the investigators’ training meets the issuance governing standards of arrest. The investigators should be informed that they are required always to seek the prosecutions approval in closure or case of difficult cases. Another role played by the prosecution in the United States is the establishment of procedures and standards for complaint’s evaluation. The prosecutor is required to establish the procedures and standards that will enhance the evaluation of all the complaints and, therefore, determine whether the criminal proceedings need to be instituted. The prosecutor has also an obligation of receiving and approving any complaint that an American citizen needs to present to either the grand jury or to the judicial officer. After, the prosecution’s office has received and approved the citizen’s complaint the prosecutor’s action or recommendations are presented to the grand jury or a judicial officer (Medwed, 2012). The prosecutor in the United States plays a role of explaining the law and also expressing his or her opinion on the evidence’s legal significance. However, the prosecutor must have been authorized to take the responsibility as a legal advisor to the grand jury. The prosecutor is required to give the deference of the evidence’s status as a legal body that is independent (Steinberg, 1984).  The prosecution has an obligation of assessing the scope and quality of evidence presented before the grand jury. The law requires the prosecutor to make arguments and statements to the grand jury and as well present before the grand jury the evidence that he or she believes is authorized by law or is appropriate for presentation. In the appropriate cases, the prosecution may present a number of witnesses for summarizing admissible evidence that the prosecutor has and believes he or she will present at the trials. The prosecutors go ahead to inform the grand jurors that they have the right of hearing any witness that is available including the eye witnesses (Neubauer, 2011). The prosecution also plays a role of knowingly withholding evidence from being disclosed to the grand jury if the evidence may tend to mitigate the offense. The prosecutions are also required to give recommendations to the grand jury not to indict if the prosecutor believes that the presented evidence does not warrant any indictment under the law. The prosecution through the prosecutor has an obligation of informing the witness that he or she is liable to be charged and, therefore, witness is required to seek independent legal advice concerning the witnesses’ rights. The aspect takes place when it comes to the prosecutor’s consent that the witness is a potential defendant. However, the prosecution should not compel with the witnesss testimony before the grand jury unless after passing the information on the possible repercussions the witness is likely to face (Neubauer, 2011).  It is also the prosecutions role to discrete in respect to noncriminal disposition. Probable causes require the prosecutions office to consider all the appropriate cases the availability of all noncriminal formal or informal, disposition when it comes to deciding on whether to press criminal charges that otherwise would be supported by probable causes. For example, in the case involving the first offender, the offense’s nature may warrant a noncriminal disposition. Prosecutors are as well required to be familiar with the social agencies’ resources that could be of assistance in assessing the diversion of cases from the criminal processes (Schubert, 2012). It is the task of the office of the prosecution to give discretion when it comes to charging the decision. The prosecutor should not be involved in the instituting or offering permission in the pendency, in the criminal charges. It occurs when the prosecutor has the information that there is no probable contributing cause supporting the charges. There should be enough evidence for the prosecutor to institute pendency. Another role of the prosecution office is with to hold some charges in respect to the support of the evidence. For some cases, the prosecutor may fail to prosecute despite the availability of sufficient evidence. The public interest may cause it (Scheb & Scheb, 2002). The prosecution has a role towards attending the first appearance and also in the preliminary hearings. The prosecutor should not communicate to the accused in the first appearance. However, he or she may do so if a waiver has been entered with the counsel. The prosecutor has the role in ensuring that the accused has been guided in obtaining counsel and is fully conversant with his or her rights. The prosecution’s office should in good faith corporate towards the release in the system of pretrial release system. The prosecutor, however, is not obligated to obtain an unrepresented waiver of the pretrial rights (Abadinsky, 2008).  The prosecutors office has the responsibility towards the disclosure of evidence. There should be timely disclosure of evidence to the defense team. Failure to disclose all the evidence can cause controversy during the hearing of the case. The prosecutor should use the best opportunity to present the evidence. The evidence may negate the guiltiness of the accused person. The evidence can also lead to a reduction of punishment of the accused person. The prosecutor is also required diligently to comply with an appropriate discovery request. There should also be the efforts made by the prosecutor to avoid the pursuit of evidence. It is believed to possess great advantages to the accused person (Melone & Karnes, 2008). It is the role of the prosecution in the United States to make available the plea discussions. The office of prosecution should poses or formulates policies that enable them to make consultations with the defense council on the matters of disposing off charges by plea. There should not be direct involvement of the prosecutor and the accused except when it is approved by the defense council. On the case where the prosecutor involves some discussions with the accused, the discussions are supposed to be recorded and also preserved. In the discussions, the prosecutor should carefully observe the law and not make false statements that are contrary to the common law (Schubert, 2012).  The prosecution also plays a role of fulfilling the discussions of the plea. The prosecutor is not required to make any commitment or promise to give an assurance to the defense counsel or the defendant that the court would impose a certain sentence or a sentence suspension. However, it is the role of the prosecution through the prosecutor to advise the defense on the position that would be taken relating to disposition. Much power should not be taken by the prosecution on influencing the case’s disposition. The prosecutions, however, should be keen to comply with the plea’s agreement, unless the defendant’s failure to comply with the plea agreement or the presence of any other extenuating circumstance (Scheb & Scheb, 2002).  The prosecutions have also a responsibility of recording the reasons for the prosecution of the Nolle Prosequi. In all the instances when the felony criminal charges have been dismissed by the way of Nolle Prosequi, it is the role of the prosecutor to make records of all the reasons for that action. In the United States, the prosecution is also vested with the role of controlling the calendar of the court. The prosecuting attorney is needed to offer advice to the court on the facts that are relevant when determining the cases’ order in the court’s calendar. It is also the role of the prosecution to support the courtroom professionalism (Melone & Karnes, 2008).  Conclusion The United States’ government has invested much in the prosecutions offices to ensure that justice for all is met. The prosecutor is responsible for working hand in hand with all the stakeholders of the judicial system according to the legalities provided by the law. The prosecutors also play a very essential role in ensuring that all the law breakers do not escape unpunished. The prosecutors in the United States have played a vital role in ensuring that rulings are made without any fear or favor to ensure that the victims obtain their justice. References Abadinsky, H. (2008). Law and justice. Upper Saddle River (N.J.: Prentice Hall. Bugliosi, V. (2008). The prosecution of George W. Bush for murder. Cambridge, MA: Vanguard Press. Janosik, R. J. (1987). Encyclopedia of the American judicial system: Studies of the principal institutions and processes of law. New York: Scribner. Medwed, D. S. (2012). Prosecution complex: Americas race to convict, and its impact on the innocent. New York: New York University Press. Melone, A. P., & Karnes, A. (2008). The American legal system: Perspectives, politics, processes, and policies. Lanham, MD: Rowman & Littlefield Publishers. Neubauer, D. W. (2011). Americas courts and the criminal justice system. Belmont, CA: Wadsworth Cengage Learning. Scheb, J. M., & Scheb, J. M. (2002). An introduction to the American legal system. Albany, NY: West/Thomson Learning. Schubert, F. A. (2012). Introduction to law and the legal system. Boston: Wadsworth Steinberg, P. L. (1984). The great "Red menace": United States prosecution of American Communists, 1947-1952. Westport, Conn: Greenwood Press. Read More