If a prosecutor has evidence that an accused is innocent, the prosecutor must disclose that evidence to the defense attorney and the judge. A defense attorney is generally not required to tell the prosecutor or judge if their client is guilty (although he cannot encourage the client to lie, as this could lead to a charge of perjury). IDEAL CONSIDERATIONS: Is bail really necessary to ensure that person returns to court? Are there other ways to ensure that he goes back to court? Can this person even afford to pay a deposit? If not, what impact will pre-trial detention have on his life? His job? His accommodation? His family? Its own safety? Should I request the pre-trial detention of a person presumed innocent? Should I investigate these allegations further? Prosecutors may conduct criminal investigations directly or indirectly. You are responsible for the entire investigation and legal process process. Since modern Korean law was drafted in accordance with civil law, the role of Korean prosecutors is similar or identical to that of European equivalents in ordering investigations, deciding criminal cases and conducting prosecutions. A prosecutor has the power to prohibit an accused or accused from leaving the Republic of Korea through an “international arrest”. [27] REAL CONSIDERATIONS: Too often, prosecutors look at nothing more than the person`s allegations and criminal record (if they have one) and then think, “We really don`t know if they`re guilty or innocent, but just in case she`s guilty, ask for bail. This presumption of guilt is motivated by the fear that an accused may be the rare and abnormal person who commits another horrific crime during his trial. Prosecutors are required by state and federal law to follow certain rules. For example, the government must disclose exculpatory evidence to the defence; [12] must disclose elements regarding the credibility of prosecution witnesses, such as an agreement to reject the witness` own accusations in exchange for their testimony; [13] must not destroy potentially relevant evidence in bad faith; [14] and must not give false testimony to obtain a conviction. [15] Failure to comply with these rules may lead to a finding of misconduct on the part of the prosecution, although a 2013 investigation found that there was a lack of effective discipline for the prosecution`s misconduct.
[16] Many people have an opinion about prosecutors based solely on what they see on television and in movies about the criminal justice system. It`s natural to think that their only job is to argue a case before a judge and jury — and resist everything a defense attorney tries to do. Although the prosecutor as a lawyer is one of the duties of a prosecutor, it is not the only one. During criminal proceedings, prosecutors must present and explain the case to the trial judge, i.e. the judge or jury. They usually propose an appropriate sanction, which the court is not required to respect; The court may decide on a harsher or lighter sentence. The members of the Federal Public Prosecutor`s Office are divided into three grades according to the jurisdiction of the courts before which they sit. Federal prosecutors (Procuradores da República) sit before single judges and lower courts, federal prosecutors (procuradores regionais da República) before federal courts of appeal, and deputy attorneys general (subprocuradores gerais da República) before higher federal courts. The Attorney General of the Republic (Procurador Geral da República) heads the federal agency and hears cases before the Brazilian Supreme Court. [19] The Italian Public Prosecutor`s Office acts as custos legis and is responsible for ensuring that justice is effectively administered. Under the Constitution, they are obliged to initiate a preliminary investigation as soon as they have knowledge or personal knowledge of a criminal offence – notitia criminis – or have received a complaint. They may conduct investigations or conduct them by order and instructions to (judicial) police detectives who, in coordination with the prosecutor, may conduct their own parallel investigations.
If sufficient evidence has been gathered to proceed, the prosecutor`s office is mandatory and must move from preliminary investigation to the initiation of judicial proceedings. [26] At trial, the prosecutor must pursue the prosecution, but has a primary duty to promote justice. In practice, this obligation means that prosecutors are prohibited from withholding exculpatory evidence and must ask the judge to acquit the accused if he is satisfied of the innocence of the accused during the trial or agrees that there is no evidence to prove his guilt beyond a doubt. Since prosecutors are supported by state power, they are subject to special rules of professional liability, in addition to those that are binding on all lawyers. In the United States, for example, rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to “disclose to the defense in a timely manner any evidence or information that tends to deny the guilt of the accused or mitigate the crime.” Not all U.S. states adopt the Model Rules; However, U.S. Supreme Court cases and other appellate cases have ruled that such disclosure is required. Typical sources of ethical requirements for prosecutors come from appellate court opinions, state or federal court rules, and state or federal laws (codified laws). All pleadings are controlled by the Public Prosecutor`s Office. They decide whether to apply for jail or offer probation or treatment. They also decide which charge the person is pleading at. With largely unchecked power, prosecutors have played a central role in the aggressive expansion of our criminal justice system; in the explosion of our country`s prison population; the code of silence on police misconduct; an increase in the number of Americans with criminal records; in the tragedy of lives, families and communities whose potential is severely limited by these beliefs.
Another important part of preparing for the process is to read each written report about the case. On the basis of the information contained in the reports and the information provided by witnesses, the prosecutor investigates the facts. The prosecution must also provide the accused with copies of the documents and evidence it intends to use in the trial. This process is called discovery and continues from the beginning of the case until the time of trial. A prosecutor is also required to provide the accused with documents and other information that may affect the case. If the prosecutor fails to do so, he may suspend the fines or sanctions imposed by the court. In addition, the prosecutor is obliged to provide the defence with evidence that could harm his case, so-called exculpatory evidence. This evidence could demonstrate the innocence of the accused. If the prosecution does not provide it to the defence, it may demand a new trial. A dollar amount is awarded solely on the basis of the indictment and an often flawed criminal record.
By applying for bail, the prosecutor will ensure that a judge adds the half a million people detained across the country before trial. By accepting release or forms of bail that guarantee liberty, a prosecutor can immediately reduce pre-trial detention. At the federal level, prosecutors are known as U.S. prosecutors. There is one U.S. attorney for each federal judicial district in the United States. The president appoints U.S. lawyers who primarily serve as administrators. U.S. Assistant Prosecutors handle most litigation work. The U.S. Attorney General, who is the highest-ranking law enforcement official in the U.S.
and the head of the Department of Justice, has oversight responsibilities over U.S. prosecutors. The 94 U.S. prosecutors and nearly 2,000 assistant federal prosecutors aggressively investigate violations of federal laws such as white-collar crimes, drug trafficking and public corruption. A prosecutor generally has the discretion to approve alternatives to sentencing, such as participation in a drug court program or an agreement on a program where charges are dismissed if the defendant complies with the terms of the agreement. In some countries, the prosecutor takes over the investigation as soon as an offence has been committed. In both the United States and Russia, the prosecutor is largely responsible for police investigations, in which he must ensure that the guaranteed rights of the accused are protected. In England, most prosecutions are conducted by the police on the basis of complaints to them; The most serious crimes, such as murder, are prosecuted by a judicial official.
The English procedure does not centralise all prosecutions in a single official or body and is therefore different from the system used in Scotland and continental European countries, as well as from the American system. In Canada, prosecutors are called Crown attorneys or Crown attorneys in most provinces. They are usually appointed by the provincial attorney general. Prosecutors also have a number of administrative tasks. They can advise the court in civil proceedings. The unique power of prosecutors begins from the beginning. Whether a person should be charged and what crime should be charged. The prosecution determines the sentence to which a person is exposed and controls the trial process. In order to avoid surprises in the trial and to determine which of the witnesses should be called to testify, the prosecutor speaks to each witness to find out what he can say during the trial. These conversations help the prosecutor decide who to call as a witness in court.