Prosecutors Duties

Prosecutors' Duties Prosecutors are governed by a set of stringent ethical and legal rules meant to reinforce their justice-seeking duty, in addition to helping them fulfill their roles as advocates (Kurcias, 2000). One of these is the Brady Rule, which requires the disclosure, by the prosecutor, to the defense, of all materially exculpatory (Brady) evidence in the possession of the state (Kurcias, 2000). Brady evidence refers to any material that would either go towards negating the guilt of the defendant and thereby reducing his potential sentence, or towards a witness' credibility.

In a jury trial, the prosecutor is required to "disclose such evidence to the grand jury before seeking an indictment against" the defendant (Sands et al., n.d., p. 12). The prosecutor's failure to disclose such material could lead to the automatic suppression of evidence, especially if prejudice has ensued as a result (Kurcias, 2000). In such a case, suppression will occur whether or not the prosecution i) was aware that the evidence was in its possession or ii) acted in good faith (Kurcias, 2000).

This is because such an action violates the rights of a defendant "under the Due Process clause of the Fourteenth Amendment" (Kurcias, 2000, p. 1214). The defendant only has to prove the materiality of the undisclosed (Kurcias, 2000). The failure to disclose exculpatory evidence amounts to prosecutorial misconduct. Other significant forms of prosecutorial misconduct during a criminal prosecution include; subpoenas to the defense counsel, pre-indictment contact with represented witnesses, and miscellaneous prosecutorial misconduct within the jury (Sands et al., n.d.). Prosecutorial misconduct could have serious consequences.

A good example is the case of the United States vs. Ramming, 915F Supp.854 (S.D. Texas 1996), where "the District Court granted the defendant's motion to dismiss on grounds of prosecutorial misconduct," after it was revealed that the prosecutor had withheld hearsay evidence favorable to the defendant (Sands et al., n.d.). The Brady Rule is aimed at protecting a defendant's constitutional right to fair trial.

In a jury trial, the selection of a fair and impartial jury, and the observance of the defendant's trial rights are crucial elements of the right to fair trial (Kurcias, 2000). The Constitution entitles a person to certain inherent individual rights prior to, and after arrest, regardless of the crime under investigation (Kurcias, 2000). The fourth amendment grants a person the right to enjoy a quiet life, free from unreasonable searches, and unwarranted seizures (Kurcias, 2000).

This implies that the legal system ought to use the proper channels in obtaining any proof or information regarding a suspect (Kurcias, 2000). Moreover, there is the Presumption of Innocence, which considers a person legally innocent until their guilt has been proven (Kurcias, 2000). These rights have to be observed, because the failure to do so grants the defendant strong grounds for filing a motion to dismiss (Sands et al., n.d.). During jury selection, each prospective juror undergoes questioning and vetting to ascertain his/her ability to be truthful (Kurcias, 2000).

The 'voir dire oath' is administered to each one, after which the defense and prosecution counsels are given an opportunity to challenge them. The suitable jurors are then selected from the pool of potentials, and instructed with regard to the case at hand. In the most serious of cases, the jury may be.