march 12

Overview of the Court System

Main Players in the Court System

• Judges: Preside over court proceedings, ensure the law is upheld, and protect the rights of all parties involved.

• Prosecutors: Represent the government in criminal cases, responsible for presenting evidence against the accused.

• Defense Attorneys: Advocate for the accused, ensuring their rights are protected throughout the legal process.

• Jurors: Citizens selected to hear evidence in a trial and render a verdict based on that evidence.

• Court Reporters: Responsible for creating verbatim transcripts of court proceedings, ensuring an accurate record of the trial for future reference.

Prosecutors

• Alternative Terms for Prosecutors:

  • State Attorney: Represents the government in state-level cases.

  • District Attorney (DA): Elected official responsible for prosecuting crimes within a specific jurisdiction.

  • Assistant District Attorneys (ADAs): Support the DAs by managing cases and assisting in preparing for trials.

• Perception of Prosecutors: Often seen as the most powerful figures within the justice system because they have significant influence over legal proceedings, including decisions to bring charges and pursue convictions.

Role and Responsibilities

• Prosecutors hold the primary responsibility of convicting those guilty of crimes while also safeguarding the rights of the innocent, ensuring that wrongful prosecutions do not occur.

• They exercise high levels of discretion in determining whether to charge a suspect, which involves weighing potential evidence and outcomes.

• Elected for typically four-year terms, prosecutors face pressure for re-election, influencing their decision-making process in pursuit of public approval and successful prosecutions.

• Serve as legal advisors to local police departments, guiding investigations and ensuring that evidence is collected within legal parameters.

• Carry the burden of proof in criminal trials, which requires them to prove the defendant's guilt "beyond a reasonable doubt."

Decision-Making Process

• Assessment of Cases: Analyze cases received from police, considering factors such as the background of suspects and the details of the crime (e.g., mother leaving child unattended).

• Considerations:

  • 
    . Charging the suspect and determining the appropriate charges.

  • . Impact of the legal choices made on the suspect’s and victims' lives.

Ethical Obligations of Prosecutors

• Dual Roles: Navigate the complex responsibilities of being both a Minister of Justice and an Advocate for the State, which sometimes conflict.

• Promoting Justice: Must pursue the truth while facing pressure for successful convictions, with their primary ethical duty being to seek justice rather than merely secure convictions.

• Referencing Berger v. US, they are reminded that the goal is about achieving justice, not just winning cases.

• Encouraged to disclose mitigating factors that may influence sentencing outcomes, which can lead to more just and fair penalties.

Example Scenarios

• Balancing justice with public opinion demands often poses ethical dilemmas, particularly in cases where evidence is insufficient to proceed.

• Consideration of cases with mitigating factors, such as intellectual disabilities or significant emotional circumstances, must be taken seriously to maintain ethical integrity.

• Important challenges include managing the reliability of jailhouse informants and evaluating potential public and media pressures impacting prosecutorial decisions.

Discretion of Prosecutors

• Definition of Discretion: The ability of prosecutors to make informed choices based on the unique circumstances of each case, crucial in the pursuit of justice.

  • Decisions encompass whether to charge the suspect, divert cases, and how to approach plea bargaining.

  • They may explore alternatives to prosecution, especially for lower-level offenses, to prioritize judicial resources effectively.

Limitations on Discretion

• Legal Protections: Prosecutors enjoy absolute immunity from civil suits regarding their prosecutorial decisions, yet they must comply with ethical standards and legal rules, such as Rule 3.8, which states they need to charge only when there is probable cause.

Factors Influencing Prosecutorial Decisions

• Several factors must be considered, including:

  • The amount and strength of evidence available.

  • Political pressure, which can be deemed illegitimate in influencing legal outcomes.

  • Resource availability, including funding and personnel.

  • The victim’s willingness to testify and the gravity of the crime.

  • The defendant's potential for rehabilitation.

Consequences of Conduct

• Prosecutorial misconduct can manifest as:

  • Malicious prosecution where charges are pursued with bad faith.

  • Withholding exculpatory evidence that could benefit the defense.

  • Utilizing unjust tactics during prosecution.

• Such misconduct is often met with little consequence, raising concerns regarding system integrity.

Addressing Misconduct

• Proposed Reforms:

  • Implementation of judicial sanctions to hold prosecutors accountable.

  • Providing training for prosecutors on ethical standards and legal obligations.

  • Establishing conviction integrity units to review cases and rectify potential injustices.

  • Enhancing protections for defendants, ensuring fair treatment throughout the legal process.

Progressive Prosecutors

• Advocating for progressive approaches to combat ethical lapses:

  • Emphasizing de-emphasis on prosecution for minor offenses and misdemeanors.

  • Promoting transparency in prosecutorial decisions and policies.

  • Focused on reducing incarceration rates and addressing social justice issues, including reforming cash bail practices.

Ethical Dilemmas in Prosecution

• Prosecutors face a critical balancing act, weighing personal integrity against public pressure, legal obligations, and professional ethics.

• Real-life examples illustrate the complex nature of ethical conflicts that arise in prosecutorial discretion, particularly involving political backlash and the impact on reputations.

• The necessity for a balance between enforcing laws and ensuring justice is central to the prosecutorial role.