Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Australian prosecutors present themselves in different ways. Prosecutors in minor criminal cases before the lower courts are police non-commissioned officers with an internship in law enforcement and advocacy lasting about 1 year, although they may have a law degree. Prosecutors are always lawyers and usually lawyers, and they represent the state or Commonwealth in serious criminal cases before the higher courts, county courts and above. In addition to police and Crown attorneys, government agencies have the authority to appoint non-prosecutors to act on their behalf, such as RSPCA inspectors. [2] The legal authority of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. 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). In a TV crime thriller or in real courts, the prosecutor is the person who files criminal charges against a suspect. The United States is the only country in the world where citizens elect prosecutors. Degree of proof required. In criminal cases, the prosecution must prove the guilt of an accused “beyond reasonable doubt”. The majority of civil lawsuits require “preponderance of evidence” (more than 50%), but in some the standard is higher and requires “clear and convincing” evidence. Alford Plea – A plea from the accused that allows him to assert his innocence but allows the court to convict the accused without going through the trial. In essence, the defendant accepts that the evidence is sufficient to prove his guilt. Such advocacy is often made to negotiate an agreement with the prosecutor on less serious charges or a sentence. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages).
A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Theoretically, the job of a prosecutor is not to convict and imprison as many people as possible. The fundamental function of a prosecutor is to seek the truth about criminal acts. Thus, if a prosecutor discovers evidence that calls into question the guilt of the defendant or absolves him of criminal responsibility, he must turn that evidence over to the accused. If a prosecutor has no evidence of an accused`s guilt, he or she must drop the charge or deny the charges. In practice, prosecutors believe that they are judged by the court of public opinion according to the number of convictions they receive. Victim Advocate – Working with prosecutors and supporting victims of crime.
The prosecutor`s office is the legal party responsible for prosecuting a person or company suspected of breaking the law, initiating and conducting new criminal investigations, ordering and recommending the conviction of offenders, and is the only attorney authorized to participate in grand jury proceedings. [4] The prosecutor must prepare the trial against the accused. This is done by reviewing evidence, conducting an investigation and communicating with police officers. The prosecutor may instruct law enforcement authorities to find further evidence. The prosecutor must also disclose to the accused the evidence against him and hand over any exculpatory evidence (evidence tending to acquit the accused) in his possession. Originally, prosecutors were seen as mere figureheads in the criminal justice system. Local sheriffs and even coroners had more say than the prosecutor. This changed in the mid-nineteenth century, when more and more prosecutors were elected by the public rather than hired by the local government. The prosecutor`s powers gradually increased until the 1920s, when a drastic increase in crime led to increased public scrutiny of the office and revelations that prosecutors were corrupted by organized crime. By the 1940s, most states had passed laws that created licensing requirements for prosecutors. According to these statutes, a person who is not qualified to practise as a lawyer may not practise as a public prosecutor even if he or she has won the election. Most states have also created a regular attorney`s office instead of hiring private lawyers to work as part-time prosecutors.
The power of prosecution has grown over the years. 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] Habeas Corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention.