Prosecutors

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Prosecutors

• Chapter Six

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Prosecutor

• Most powerful official in the criminal courts.
• Has broad discretion
• Part of the executive branch of government.
• Independence from the judiciary.
• Considered an Officer of the Court
• Has a duty to see justice done.

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The Role of the Prosecutor

• Has the power to charge or not to charge a person
  with a crime.
• Can make bail recommendations.
• Represents the state in the prosecution of
  criminal cases.
• Acts as legal advisor to the grand jury.
• Has discretion in plea bargaining.
• Makes sentencing recommendations.

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Berger v. U.S.

• He may prosecute with vigor indeed, he should
  do so. But while he may strike hard blows, he is
  not at liberty to strike foul ones. It is as much
  his duty to refrain from improper methods
  calculated to produce a wrongful conviction as it
  is to use every legitimate means to bring about a
  just one.
• The prosecutors primary interest is in doing
  justice, not simply winning cases.

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Federal Prosecutions

• Prosecutions in Federal Courts are conducted by
  the U.S. Department of Justice.
• Headed by the U.S. Attorney General.
• The Solicitor General represents the executive
  branch before the Supreme Court.

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Overview of Prosecutors in the Dual Court System
Insert Exhibit 6-2, page 130 here.
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8
U.S. Attorneys

• Serve as the nations principal litigators under
  the direction of the attorney general.
• Part of the U.S. Department Of Justice.
• 93 U.S. Attorneys.
• Appointed by, and serve at the discretion of, the
  president, with the advice and consent of the
  senate.
• 47,000 Assistant U.S. Attorneys.

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U.S. Attorneys Responsibilities

1. Prosecution of criminal cases brought by the
   federal government.
2. Initiation and defense of civil cases in which
   the United States is a party.
3. Collection of certain debts owed to the federal
   government.

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State Attorney Generals

• Considered the States Chief Law Enforcement
  Officer.
• Provide legal advice to other state agencies and
  represent the state in court when state actions
  are challenged.
• Authority over local prosecutors is limited.

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Chief Prosecutors

• Chief law enforcement official in the community.
• District Attorneys, County Attorney, States
  Attorney, Prosecuting Attorney, etc.
• Elected officials (95 of the time).
• Deputy or Assistant District Attorneys try cases.

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Local Prosecutors

• City Attorneys, solicitors.
• Approx. 5,700 nationally.
• Represent the locality.
• Responsible for preliminary stages of felony
  cases as they are processed in the lower courts.
• Try misdemeanors, infractions, minor civil cases.

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The Profile of a Typical Assistant District
Attorney

• Hired immediately after graduation from law
  school or after a short time in private practice.
• Usually attended local law schools.
• Hired on the basis of party affiliation and the
  recommendations of elected officials.
• Most serve an average of 2 to 4 years before
  entering private practice.

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Office Structure

• Vertical Prosecution one prosecutor is assigned
  responsibility for a case from intake to appeal.
• Horizontal Prosecution prosecutors are assigned
  to specific functions, such as initial
  appearance, charging, preliminary hearing, grand
  jury, trial, or appeal.

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Prosecutors Civil Liability

• Imbler v. Pachtman Prosecutors have absolute
  immunity from civil damages for their role as a
  courtroom advocate
• Burns v. Reed Prosecutors only have a Qualified
  Immunity from lawsuits concerning advice given to
  the police (and for actions during criminal
  investigations and statements made during news
  conferences - Buckley v. Fitzsimmons).
• Kalina v. Fletcher A prosecutor may be sued for
  making false statements of fact in an affidavit
  in support of an arrest warrant.