Quick Answer: Who Does The Prosecutor Represent In A Criminal Case Quizlet?

Why is the prosecutor important?

A.

The prosecutor’s job is to see that all the relevant facts, including those favorable to an accused, are placed before the court and to present those facts in an ethical, fair, dispassionate, firm and clear manner.

Prosecutors must refrain from all actions which could lead to the conviction of innocent persons..

Who files charges against a criminal defendant?

A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.

Why is the prosecutor so powerful quizlet?

The prosecutors position is so powerful because the exercise of discretion rests with this office. The prosecutor has the discretion to charge the case (or not), to decide what the charge will be, or to dismiss it. The prosecutor has the most influence in plea bargaining.

What is the difference between a prosecutor and a plaintiff?

The prosecution represents the people and is tasked with gathering information to “prove beyond a reasonable doubt.” A plaintiff is a person or group who suspects that there was an unjust action taken against them. While both are the ones that present a case to a court, they have different procedures to handle them.

What is the meaning of prosecutor?

Legal Definition of prosecutor 1 : a person who institutes a prosecution (as by making an affidavit or complaint charging the defendant) 2 : a government attorney who presents the state’s case against the defendant in a criminal prosecution.

Who is the most powerful member of the courtroom work group?

ProsecutorsProsecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

In which scenario would a prosecutor apply the concept of nolle prosequi?

The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges “nol prossed” or dismissed. The prosecution may nol pross all charges against the defendant or only some.

How does victimization affect the prosecutor?

If the victim precipitated the crime through actions or words, the prosecutor will be less likely to press charges. If the victim has a criminal record, the prosecutor may not proceed with a case because a jury might not regard an ex‐con as a credible witness.

Who does the district attorney represent in a criminal case?

A lawyer who represents the state in local criminal cases is usually referred to as the “District Attorney,” although, depending on your state, these attorneys can go by other titles such as “Prosecuting Attorney” or “County Attorney.” The Attorney General of a state typically represents the state in civil cases, but …

What are the 5 steps of a criminal case?

Important steps in the federal criminal process:Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items…

What is the role of the prosecutor quizlet?

A legal representative of the state with sole responsibility for bringing criminal charges; in some states referred to as district attorney, state’s attorney, or county attorney. Each separate offense of which a person is accused in an indictment or an information.

What officer is responsible for prosecuting violators of state and local laws?

The Office of Attorney-GeneralI. The Office of Attorney-General. Criminal prosecution for violation of the enactments of state legislatures is almost entirely a responsibility of the local prosecut- ing attorney under the traditional allocation of governmental powers and responsibilities in the United States.

What power does a prosecutor have?

Article 40, 40-1 of the CCP: any prosecutor holds a broad discretionary power and can decide to prosecute, to divert the case from prosecution or to end it straightforwardly with a no further action decision.

Can a defendant talk to the prosecutor?

The State Bar’s ethics rules prohibit a prosecutor from speaking directly to a defendant if he or she knows that an attorney represents the defendant.

Who is always the 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. Typically, the prosecutor represents the government in the case brought against the accused person.