Prosecutor

In the American legal system, prosecutors are representatives of the local, state, or federal government who pursue cases related to criminal acts. Prosecutors ensure that justice is served, often by making persuasive arguments in a trial against a defendant, or individual who is accused of committing a crime.

Prosecutors are lawyers and highly educated. They have earned at least a four-year bachelor’s degree from a college or university. They have also completed a course of study at an accredited law school and earned a Juris Doctor (J.D.), also called a Doctor of Jurisprudence. After graduation, they must pass their state's bar exam and fulfill any other requirements to become licensed to practice law.

Courtroom Roles

The plaintiff is the party who has brought a case to trial. It is the plaintiff’s belief that they have been wronged by the other party (the defendant) in a way that can be addressed by the legal system. In a civil case, the plaintiff can be an individual, group, or organization. In a criminal case, the plaintiff is the local, state, or federal government, represented by the prosecutor. The prosecutor must prove that the accused committed the crime beyond a reasonable doubt. This is an important standard of proof that must be surpassed to obtain a conviction in a criminal proceeding.

The prosecutor is opposed by a defense attorney, or a lawyer representing the defendant. The defense attorney’s job is to advocate for the accused by questioning the evidence and presenting counter-evidence. In some cases, the defense attorney may attempt to prove that the defendant is innocent. In other cases, the defense attorney may concede the defendant’s guilt but offer evidence of extenuating circumstances that show why the person acted this way.

Trial matters are heard in front of a judge or in front of a judge and jury. A judge is the highest-ranking member of the courtroom. If only a judge is present, the judge determines the defendant’s guilt or innocence and what kind of sentence the person must serve. This may include jail time, community service, probation, or some other appropriate punishment. Some trials are conducted in front of a jury, which is a group of twelve peers in criminal cases and eight in civil cases. In jury trials, the jury is presented with all the evidence before they deliberate and decide the defendant’s guilt or innocence in secret. The judge usually determines the appropriate sentence if a guilty verdict is reached.

The Prosecutor

The prosecutor represents the government in criminal prosecutions. Prosecutors spend large amounts of time before trials researching the law, preparing arguments, examining evidence, and deciding exactly how to address each issue.

Despite the amount of effort a skilled prosecutor puts into arguing that a defendant is guilty, it is not the prosecutor’s job to secure a conviction. Instead, a prosecutor is morally obligated to seek justice. While this involves presenting the best theoretical argument that the defendant committed a crime, it does not involve pursuing a conviction at all costs. If at any point the prosecutor believes that probable cause for the crime cannot be established, the prosecutor can drop the criminal charges against the defendant. If a judge rules that the defendant is not guilty, the prosecutor must respect the judge’s decision.

Much of a prosecutor’s job takes place outside of a trial. One of the first actions a prosecutor takes after accepting a case is researching the case law surrounding the crime. The prosecutor makes sure they are completely familiar with the class of crime, the usual penalties, and any previous rulings in similar cases. If a judge ruled on a similar case in the past, the prosecutor may argue that the judge should follow the precedent (a previous court decision that serves as an example).

On many occasions, a case is resolved before it reaches trial. In civil cases, the plaintiff and defendants often agree to a legally binding set of terms without a trial. This set of terms is called a settlement. Settlements do not usually declare that one side was right or wrong, but may involve monetary payments as a form of reparation. Similarly, in criminal cases, a settlement may be reached between the prosecutor and the defendant in the form of a plea bargain. A plea bargain is an offer by the state to limit the potential penalties for a crime, often by agreeing to drop or lower specific charges in exchange for the defendant’s guilty plea without a trial.

In Trial

If a case goes to trial, one of the primary tactics of a prosecutor is compelling witnesses to testify. Prosecutors may call upon anyone who witnessed events related to the alleged crime. The prosecutor will ask the witness to recount events and provide any information that supports the conclusion that the defendant is guilty. Defense attorneys then cross-examine the witness, trying to undermine the credibility of the person’s testimony. All court witnesses are sworn to tell the complete truth under penalty of perjury (lying under oath, which is punishable by law).

The prosecutor also presents evidence relevant to the arguments. Evidence is presented persuasively, in ways that show how the defendant is linked to the crime. However, before this evidence can be presented in court, it must be shared with the defendant’s legal team through the process of discovery. Laws of discovery legally compel the prosecution team to share any evidence collected before the trial begins. Discovery ensures that all evidence is presented in a fair and balanced manner and that defendants know who will be called as witnesses against them.

Prosecutors work with two types of evidence in a courtroom: direct evidence and circumstantial evidence. Direct evidence is forensic evidence that objectively shows that the defendant was involved in the crime. Direct evidence includes such items as surveillance video and DNA evidence. Circumstantial evidence, on the other hand, is evidence that strongly implies that the defendant is guilty. It is used to show the likelihood that the defendant committed the crime and may speak to the individual’s motives and state of mind at the time.

Bibliography

Heymann, Philip. "The Role of the Prosecutor." What’s Changing in Prosecution? Report of a Workshop. The National Academies of Sciences, Engineering, and Medicine, National Academies Press, www.nap.edu/read/10114/chapter/3. Accessed 20 Nov. 2024.

"How Courts Work." American Bar Association, 9 Sept. 2019, www.americanbar.org/groups/public‗education/resources/law‗related‗education‗network/how‗courts‗work/cases.html. Accessed 20 Nov. 2024.

"In the Courtroom: Who Does What?" Findlaw, 14 Apr. 2024, litigation.findlaw.com/going-to-court/in-the-courtroom-who-does-what.html. Accessed 20 Nov. 2024.

Kremens, Karolina. Powers of the Prosecutor in Criminal Investigation: A Comparative Perspective. Routledge, Taylor & Francis Group, 2021.

"Prosecution Function." American Bar Association, www.americanbar.org/groups/criminal‗justice/resources/standards/prosecution-function. Accessed 20 Nov. 2024.

Shestokas, David J. "Direct vs. Circumstantial Evidence: Observation vs. Inference." Shestokas, www.shestokas.com/general-law/direct-vs-circumstantial-evidence-observation-vs-inference. Accessed 20 Nov. 2024.