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Why is the prosecutor important
Why is the prosecutor important
Why is the prosecutor important
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Prosecutors are important in the workings of the American judicial system. They play a half of the two part adversarial system that we use during trials. The prosecutors are attorneys that represent the interest of the government. This means that when they prosecute a case they are not representing the victim, but all of the people in the state or country because such crimes are considered to be against the general populace.
Prosecutors have a long and varied history. After 1790, the nation began to grow and with it came the beginning of the office of the prosecutor. A few factors went into making the office what it has become today. When the government made the process public versus private, that meant that trials and such had to be carried out in a way that the general public could see if they wanted to. Another factor was decentralization. This led to offices in different localities as opposed to one centralized office. The last factor was that the public wanted to elect their prosecutors as opposed to having them appointed. It meant that they were able to have a bit more control over the proceedings.
Prosecutorial power surged in those early years until it was generally accepted that they would wield most if not all of the power over enforcing the law. When the 1920s came around people were of the opinion that despite the fact that all of the power was in the hands of the prosecutors, the general public was okay with that. They did a valuable job and people could appreciate and understand that. The ruling of cases like Miranda v. Arizona, Argersinger v. Hamlin, and Gideon v. Wainwright brought around the need for prosecutors in more stages of the criminal justice process which increased the amount of work they had to do. ...
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...to offer degrees in the field of law. The first university to grant a degree in law was William and Mary College. The first law school was Harvard University. Many practitioners would assemble their apprentices and create smaller schools of law.
There are different kinds of attorneys that work at different levels within the government structure. There are four levels: federal, state, county, and city. Prosecutors at the federal level include the attorney general, US attorneys, and assistant US attorneys. The Attorney General is the chief law enforcement officer in the nation. The current Attorney General is Eric Holder. US attorneys are charged with working under the Attorney General and overseeing the federal offices in the 94 federal districts. They work with assistant US attorneys to manage the case load and work on litigation concerning the federal government.
In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
Do you think O.J. Simpson should have been found guilty of the murders of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman? Orenthal James Simpson, also known as O.J. or the Juice, used to be known as a running back in the NFL, until he was accused of murdering Nicole Brown Simpson and Ron Goldman in June of 1994. Nicole and Ron were found murdered outside of Nicole’s condominium in Los Angeles, California. The trial that attempted to seek justice for Nicole and Ron’s families gained attention across the nation. Many people followed the O.J. Simpson trial to see if the Pro Football Hall of Famer would be found guilty or not guilty of the murders of his ex-wife and her friend. At the end of the trial in October of 1995, Orenthal
When it comes to the vague ethics rules and finding effective ways to create a set of clearer ethical standards, legalistic approaches should be taken. Legalistic approaches began in the early 1900’s with the first set of ethics rules, the 1908 Canons. The 1908 Canons stated the primary duty of a prosecutor is to seek justice. The 1908 Canons method failed due to the lack of clarity concerning in depth what the prosecutor’s ethical obligations were. Another remarkable approach was the 1969 Model Rules, which made operational progress in defining the ethical duties of a prosecutor which established a set of rules, but yet and still failed to address the ethical obligation of seeking justice (American Bar Association, 1983). If these legalistic approaches continue to advance and make suitable amount of progress, less failure will occur and eventually the goal of seeking justice will be reached. An effective method to alleviate the vast discretionary authority with little to no transparency would be to use a prosecutor’s handbook (Joy 2006). Both the American Bar Association Prosecution Function Standards and National District Attorneys Association make recommendation of using a prosecutor’s handbook. These written standards bring more awareness to prosecutors allowing them to know the limits of their authority and provides guidance on how to properly exercise discretion. At the last point, inadequate remedies which create incentive to prosecutorial misconduct rather than deter it can be solved by reformation (Caldwell, 2013). Within trial courts, when a prosecutor has fraudulently obtained evidence, the trial court does have to option to exclude the evidence in which has been affected by misconduct. This approach typically does not result in anything further than a verbal reprimand. There are no types of
The plea bargain was a tool rarely used before the 19th century in prosecution. “In America, it can be traced almost to the very emergence of public prosecution, although not exclusive to the U.S., developed earlier and more broadly here than most places.” Plea-bargaining was limited because judges controlled most sentencing. Judges did not appreciate the workload relief until personal injury cases skyrocketed during the industrial era.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
Attorneys ensure that society has a place to seek and obtain justice, giving confidence that restitution and retribution can occur within the law. Attorneys have a difficult job. They must know the laws like they know the back of their hands. Attorneys attend school just as long or even longer than most doctors. They have the difficult job of defending their clients or prosecuting the bad guys.
Criminal profiling, first undertaken within the nineteen-seventies, has been used throughout thousands of police investigations from bureaus all over the globe, currently some question their practicality in police investigations. This essay argues the utility of offender profiling in police investigations. Police Investigations utilize Offender and Criminal Profiling methods because it narrows the field of investigation, needs diminutive physical evidence to begin investigations and uses victimology to predict future actions of the offender.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
The right to a court appointed attorney is paramount to the civilized justice system. Despite this, the system is not without its faults. Unfortunately, for a variety of reasons both proximate and remote, central and ideological, many court appointed attorneys are overwhelmed with cases. Some have as many as thousands and more still have hundreds of cases. Further more, many court appointed attorneys are amateurs, fresh out of law school with no formal practice of their own. To add further insult to injury, many are often so ill-equipped to handle their cases they opt for their clients to plead guilty and accept lesser sentencing rather than risk a long, arduous battle.
The paralegal also assists the attorneys in all the critical planning that will be needed throughout the trial. They interview witnesses and clients and help to gather all relevant
This tends to happen when an individual feels they are being watched, investigated, or sometimes they have already been arrested. There are many different reasons that an individual would hire a criminal defense lawyer. One of the many reasons is so that the criminal defense lawyer can help with counsel and represent the client when dealing with investigators, or the police. Another common reason for hiring a criminal defense lawyer is so that the lawyer can conduct an investigation of their own, and therefore have the ability to present substantial evidence that refutes the potential charges being pressed by the prosecutor. These are only some of the reasons a criminal defense lawyer is needed. There are many more reasons as well. I personally believe that some criminal defense lawyers have done an exceptional job at doing the very things their client hired them to do.
In order to pursue my dream as a Forensic Psychologists I am aware that I have to put in a lot of effort and determination in to school. There are various aspects to pursuing my career such as getting good grades, volunteering in police departments, networking, and doing an immense amount of research on my field. The career I chose requires a lot of my time not only as a student but as an adult. What I mean by this is that from now on, my time is devoted in to acquiring skills and changing my persona in order to be better qualified for the my job. Throughout this road map I will talk about what is a Forensic Psychologist, what are the requirements, skills necessary, what I could do with this degree, the personality types that are best suited for this job, and what are the prospects of moving up.
In Brazil the prosecutors main job is to promote justice, as such they have the duty of not only trying criminal cases, but, if during the trial, they become convinced of a defendant's innocence, requesting the judge to free him. The prosecutor's office has always the last word on whether criminal offenses will or will not be charged. Prosecutors in Brazil conduct criminal investigations in major cases, usually involving police or public officials' wrongdoings. Also, they are in charge of supervising police work and directing the police in their investigations. I feel like this is kind of similar to the United States in terms of them trying to promote justice. It is different in terms of the prosecutors here because the judge has the final
The accuracy and reliability of criminal statistics is something that has been of great discussion through criminology for decades. Whilst some believe that crime statistics are a misuse of time and resources, others believe that there is some use for them within the criminological community. The inaccuracies of criminal statistics are highlighted in abundance within academic articles and research, many of which highlight the main source as the dark figure of crime. Many also suggest other inconsistencies within official statistics to be influenced by law enforcement agencies and society. But whilst there is much research to suggest that criminal statistics are unreliable and of no use, there are some that suggest that this may not be entirely