The duties of a prosecutor in a criminal case.
Prosecutors, as agents for the state, take an oath to uphold the Constitution and to seek justice on behalf of the state and its citizens.
Summarize the duties of a prosecutor in a criminal case, emphasizing those tasks that allow the prosecutor to wield strong influence over the case. Discuss how these particular tasks might present the prosecutor with ethical dilemmas.
Given that a defendant is considered innocent until proven guilty under the American judicial system, is the prosecutor also required to consider the defendant as being among the citizens he or she is protecting? Identify and explain the conflicting moral imperatives present in the duties of a prosecutor.
Recap the landmark Supreme Court case Brady v. Maryland (1963). Discuss the ramifications of this decision for prosecutors, with an emphasis on the ethical conflicts that may result.
Discuss the prosecutor’s ethical responsibilities when faced with a case that he or she would rather not pursue. For instance, consider a case in which a formerly battered wife is accused of attempted murder against her husband. Explain whether the “ethics of duty” or “ethics of care” outweigh utilitarianism for criminal prosecutors.
Sample Solution
The duties of a prosecutor in a criminal case
The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. While the role and status of prosecutors varies greatly among Member States, in all legal traditions prosecutors occupy a key position in the criminal justice system and exercise considerable powers and responsibilities. In most systems, the core functions of prosecutors are the decision to prosecute and representation of the prosecution in court. In order for the ethical prosecutor to exercise their discretion properly, and to assess the quality of the investigation that has been conducted, attention must be given to the following legal issues: reading the case file; overall investigative quality, warrants and probable cause, witness credibility; officer credibility; and the credibility of forensic evidence and personnel.
