WHO HAS ALL THE POWER IN THE CRIMINAL LEGAL SYSTEM?
PROSECUTORS
PROSECUTORS
WHAT IS A PROSECUTOR’S RESPONSIBLITY?
Prosecutors are the government officials charged with investigating and prosecuting crimes. Prosecutors have near-unlimited power to make all the most consequential decisions in a criminal case from beginning to end.
PROSECUTORS HAVE IMMENSE POWER TO DECIDE…
PROSECUTORS HAVE IMMENSE POWER TO DECIDE…
WHO
to Investigate.
WHO
to Prosecute.
WHEN
to Prosecute.
WHAT
For, and…
WHAT
Information They Will Turn Over.
Ethical Prosecutors
Ethical Prosecutors
Ensure that the guilty are held accountable,
That the innocent are protected from unwarranted harm,
And that the rights of all participants, particularly victims of crime, are respected.
Why Is a Prosecutor Different than Other Kinds of Lawyers?
Prosecutors are the enforcers of the law and have higher ethical duties than other lawyers. The essential characteristic of a prosecutor is that he or she possesses the discretion as to whether and how to bring criminal charges. In most jurisdictions, Prosecutors and their investigators are peace officers. This prosecutorial power can result in an individual’s loss of liberty for many years, and thus there has been a basis for Courts to enforce prosecutors’ discovery obligations.
Prosecutors are the enforcers of the law and have
Higher Ethical Duties
than other lawyers.
Witness Tampering
Concealing Exculpatory Evidence
Trial Misconduct
What Happens When a Prosecutor Has Committed Misconduct? NEXT TO NOTHING.
What Happens When a Prosecutor Has Committed Misconduct? NEXT TO NOTHING.
PROSECUTORS CANNOT OR WILL NOT BE…
• Sued. Because they are immune.
• Fired or suffer employment consequences. Because lead prosecutors either don’t know their deputies have committed misconduct or rationalize the misconduct as an “oopsie”.
• Suffer Loss or Suspension of Their Law License. Because Regulatory Agencies responsible for their law licenses only in rare circumstances punish prosecutors.
• Prosecuted. Because prosecutors do not prosecute other prosecutors.
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