Prosecutor Roles and Pretrial Criminal Justice Procedures

The Prosecutor's Role and Authority

In the criminal justice system, the prosecutor is a central and powerful figure. The prosecutor is charged with representing the state or federal government in a criminal case. His duties extend from the time a crime has been committed through the termination of any probation period that may be issued by the court. The prosecutor possesses nearly unlimited discretion in most critical matters involved in a criminal case, which is limited only by ethical standards and professional responsibility. Although a prosecutor seeks the truth in a criminal case, he operates within an adversarial system. This paper examines how prosecutors make decisions in criminal cases, the internal workings of the prosecutor's office, how prosecutors work with defense counsel and grand juries, and the procedures used in resolving criminal cases.

In the United States, the attorney charged with prosecution responsibilities within a jurisdiction is the prosecutor. He is an advocate of justice and an officer of the court. The prosecutor is charged with exercising sound judgment and discretion in the performance of his duties. After receiving necessary training on ethics, professional standards, and the Rules of Criminal Procedure, the prosecutor is ready to represent the county, state, or federal government in criminal court.

All criminal cases begin when the prosecutor files an initial complaint or charges against a defendant. Before filing any criminal charges, the prosecutor reviews all evidence collected by police officers, detectives, and forensic crime scene investigators. After reviewing all evidence, the prosecutor must determine whether there is sufficient evidence to support the elements of the criminal charge. He must also believe that the suspect committed the crime and that the evidence supports a conclusion that could lead to a conviction by the beyond a reasonable doubt standard.

Grand Jury Process and Indictment

Several factors complicate a prosecutor's decision to charge a defendant. Political pressure represents a significant consideration. Since some prosecutors are elected officials, they are affected by public opinion regarding certain types of crimes or high-profile criminals. All of these factors must be considered by the prosecuting attorney prior to bringing a case before a grand jury. As described by legal scholars in criminal procedure, the charging decision reflects both objective legal standards and subjective judgment about community values and prosecutorial priorities.

Grand juries vary in size, ranging from 6 to 20 citizens of the county or state. They are appointed to this duty by the court for a certain period of time, ranging from three months to a couple of years. They meet weekly or several times a month in order to investigate and make formal criminal accusations, referred to as a true bill or an indictment. A grand jury reaches this decision only after believing that the state has sufficient evidence to charge a suspect with a criminal offense. Only half the jurors must believe that the evidence is sufficient to move forward with charges.

The prosecutor uses grand juries primarily in felony cases. As noted, prosecutors possess broad powers when presenting evidence. A prosecutor can use only the evidence necessary to secure an indictment and does not have to provide all evidence to the grand jury. Due to this fact, the grand jury process is often favorable to the prosecutor. Unlike the preliminary hearing, where the defense is present to make oral arguments, in a grand jury proceeding the defense is not present and all proceedings are secret. According to sources on grand jury function, this structural imbalance has shaped the debate over grand jury reform.

Plea Bargaining as Case Resolution

A defendant, with guidance from his defense counsel, can be present and testify at a grand jury hearing; however, the grand jury has sole discretion on whether to allow this. Even if the grand jury permits a defendant to appear before them, the defense counsel will not be allowed to enter the hearing. The defendant may consult with defense counsel during breaks in the grand jury process. The process of a defendant appearing before the grand jury is very risky; however, it might be effective in getting the indictment nullified. This decision requires careful strategic consideration between the defendant and his counsel.

The criminal justice process can be lengthy, but shortcuts exist. Plea bargaining between defense counsel and government counsel can sometimes work to the advantage of both parties. A plea bargain is an agreement between the defendant and the prosecutor. In this process, the defendant agrees to plead guilty or no contest in exchange for leniency from the prosecutor. This leniency could take the form of dismissing higher charges, reducing the charge to a less serious offense, or requiring the prosecutor to recommend a specific sentence to a judge during sentencing.

Due to overcrowding in criminal courts at all levels, plea bargaining has become an effective tool used by prosecutors to quickly resolve criminal cases through the criminal justice system. Some criminal cases involving grand juries and full trials can take months or years to complete, whereas the plea bargain process resolves cases more rapidly. This efficiency has made plea bargaining a standard feature of contemporary criminal practice, though it remains subject to critical scrutiny regarding its fairness and the proper balance between efficiency and justice.