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Chapter 6 : PROSECUTORS

Chapter 6 : PROSECUTORS. IS THE PROSECUTOR THE MOST POWEFFUL OFFICIAL IN THE CRIMINAL COURTS ?. IS THERE A DIFFERENCE BETWEEN STATE AND FEDERAL PROSECUTORS? IF SO, WHAT ARE SOME OF THE DIFFERENCES?. The POWER of the PROSECUTOR Both State and Federal Courts. Discretion

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Chapter 6 : PROSECUTORS

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  1. Chapter 6:PROSECUTORS

  2. IS THE PROSECUTOR THE MOST POWEFFUL OFFICIAL IN THE CRIMINAL COURTS ?

  3. IS THERE A DIFFERENCE BETWEEN STATE AND FEDERAL PROSECUTORS? IF SO, WHAT ARE SOME OF THE DIFFERENCES?

  4. The POWER of the PROSECUTORBoth State and Federal Courts Discretion (Shapes the Dynamics of the Court) And Decentralization (Allows Autonomy)

  5. The Role of the Prosecutor

  6. The Role of the Prosecutor

  7. DISCRETION With no hierarchy and considerable autonomy, the prosecutor enjoys virtually “unfettered” discretion relating to initiating, conducting, and terminating prosecutions.

  8. DECENTRALIZATION Separate prosecutors are found in federal and state courts. There is no hierarchy and considerable autonomy. The structure of prosecutors is not parallel with court structure.

  9. Supreme Court Cases Concerning the Prosecutor

  10. Prosecution in Federal Courts

  11. Solicitor General • The solicitor general is the third ranking official in the Justice Dept. • The solicitor general’s principal task is to represent the U.S. government before the Supreme Court in all appeals of federal cases. • The solicitor general often appears in amicus. • The U.S. government is the solicitor general’s soleclient.

  12. U.S. Attorneys • U.S. attorneys are appointed by the president and confirmed by the Senate. • There are 93 U.S. attorneys, one for each judicial district. Each U.S. attorney is the chief federal law enforcementofficer for the U.S. in their particular jurisdiction. • U.S. attorneys prosecute criminal cases brought by the federal government. • U.S. attorneys initiate and defend civil cases in which the U.S. is a party. • U.S. attorneys collects certain debts owed the federal government.

  13. Decentralized State Prosecution

  14. Prosecutors and the Courtroom Workgroup The prosecutor is the most important member of the courtroom workgroup and influences its members in the following ways: • The prosecutor has sole discretion on whether to charge or not, and subsequently, the type of charge. • The prosecutor controls the nature of the plea bargain; either vertical or horizontal bargaining. • The prosecutor controls the evidence. • The prosecutor controls offender information. • Therefore, by controlling the charge and the plea – the prosecutor can control the sentence. • Socialization, specialization, and informal sanctions keep prosecutors in check.

  15. Political Styles and Contrasting Workgroups Elected prosecutors choose political styles (p. 138-140) What is the difference between the office conservator, the courthouse insurgent, and the policy reformer?

  16. Prosecutor’s ProactiveApproach Improving Police-Prosecutor Relationships and, Community Prosecution What are some examples of each?

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