A prosecutor represents the prosecution in a criminal case and presents the case against a person or organization accused of breaking the law. This lesson introduces the prosecutor’s place in the justice system, professional qualifications, and special ethical obligations.
The prosecution is the legal party responsible for presenting a criminal case against a defendant. A prosecutor usually represents the state or government, rather than a private opponent. Prosecutors work in both adversarial systems, common in common-law jurisdictions, and inquisitorial systems, found in many civil-law jurisdictions. The structure differs, but prosecutors participate in applying criminal law and bringing cases before courts.
All flashcards
What is a prosecutor?
A legal representative of the prosecution who presents a criminal case against a defendant, usually on behalf of the state or government.
What is exculpatory evidence?
Evidence or information that tends to show the accused is not guilty or that otherwise weakens the prosecution’s case.
Why do prosecutors have special ethical duties?
They wield state authority in criminal cases, so they must act fairly and comply with disclosure and other legal obligations, not merely seek convictions.
What does DPP stand for?
Director of Public Prosecutions, commonly the appointed head of a public prosecuting authority in Commonwealth jurisdictions.
Can a DPP personally try every case?
Not necessarily. A DPP may lead and administer the prosecuting authority, while other prosecutors prepare and present individual cases.
Quiz questions
Who does a prosecutor typically represent in a criminal case?Answer: The state or government bringing the case against the accused.
What is a common qualification for a prosecutor?Answer: A law degree and a legal qualification recognized by the relevant court or jurisdiction.
Why are prosecutors subject to special professional responsibilities?Answer: They exercise the power of the state in criminal proceedings.
What should a prosecutor do with evidence that tends to negate guilt?Answer: Disclose it to the defense as required by the applicable legal and ethical rules.
Which statement best describes the DPP’s role in England and Wales?Answer: The DPP leads the CPS, while Crown Prosecutors generally handle individual cases.
Based on the Wikipedia article Prosecutor, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.