1. Chapter 6: Prosecutors
© 2017 Cengage Learning. All Rights Reserved.

2. Learning Objectives
Discuss the two major characteristics of prosecutors in the United States
Describe the three most important entities in federal prosecution
Identify the three somewhat overlapping agencies involved in prosecution in state courts
Explain the major factors affecting the work life of assistant district attorneys
Analyze the principal factors affecting prosecutorial ethics
Outline two major examples of the expanding domain of the prosecutor
© 2017 Cengage Learning. All Rights Reserved.

3. Origin of the Public Prosecutor
Government employees in civil service
Evolved from private prosecutions at English common law
Private citizens facilitated private vengeance
Concerns regarding due process about private prosecutions led to public prosecutor model
Quasi-Public prosecutions
Prosecution out-sourcing model
Part-time prosecutor model
© 2017 Cengage Learning. All Rights Reserved.

4. Role of the Prosecutor Major Characteristics: Broad Discretion
Part of the executive branch of government
Officer of the court
Immune from civil lawsuits when acting as courtroom advocates
Charging decisions
Have total discretion
Focus Concerns Theory
Decentralized
© 2017 Cengage Learning. All Rights Reserved.

5. Connick v. Thompson 14 years on death row
Prosecutor withheld evidence that might have led to Thompson’s acquittal
Question raised regarding DA’s office paying for egregious prosecutorial misconduct
Federal jury held Connick liable
Supreme court overturned the jury’s decision, arguing one cannot sue for civil rights violations under Section 1983 for failure to train prosecutors based on a single Brady violation
Prosecutors are immune from civil law when they are performing their role, but only enjoy immunity outside the judicial arena (faulty advice to police)
© 2017 Cengage Learning. All Rights Reserved.

6. Overview of prosecutors in the dual court system
© 2017 Cengage Learning. All Rights Reserved.

7. Prosecution in Federal Court
U.S. Attorney General
Three most important entities:
Solicitor General:
3rd ranking officer in DOJ
Criminal Division of the Justice Department:
Formulates criminal law enforcement policies in federal cases
U.S. Attorneys:
Principle litigator under the direction of the attorney general
© 2017 Cengage Learning. All Rights Reserved.

8. Prosecutions in Federal Court
U.S. Attorneys: Appointed and serve at the discretion of the President with the consent of the Senate
Three statutory responsibilities:
Prosecution of criminal cases brought by the federal government
Initiation and defense of civil cases in which the United States is a party
Collection of certain debts owed the federal government
© 2017 Cengage Learning. All Rights Reserved.

9. Thinking Point Research the current U.S. Solicitor General
What does the website discuss regarding the Solicitor General?
What is his job function?
What is the mission of the organization as a whole?
How does someone qualify for this position?
© 2017 Cengage Learning. All Rights Reserved.

10. Prosecution in State Courts
Three overlapping entities:
State Attorney General
Chief Prosecutor
Local Prosecutor
© 2017 Cengage Learning. All Rights Reserved.

11. Thinking Point
Locate your state attorney general, chief prosecutor and local prosecutor.
Who are they?
What are their overall job functions?
What qualifies them for the position they currently hold?
Are they effective in their job positions? Why or why not?
© 2017 Cengage Learning. All Rights Reserved.

12. The Prosecutors Office at Work
Assistant District Attorneys
High turnover
Training typically on-the-job
Law school provides little exposure to day-to-day operations of the position
“Young prosecutors syndrome”
Promotions and Office Structure
Experience leads to promotions
Supervision
Supervised by a section head
Attempts at Greater Supervision
© 2017 Cengage Learning. All Rights Reserved.

13. Prosecutorial Ethics Representatives of both victims and the police
Prosecutorial immunity:
Absolute immunity:
Within the realm of prosecutorial functions
Qualified immunity:
When not acting as advocate for government
© 2017 Cengage Learning. All Rights Reserved.

14. Prosecutorial Ethics
Ethical issues different from those facing defense attorneys
Client of the prosecutor is the government
Ethical issues facing prosecutors
Disclosure of evidence
Conflict of interest
Discretion
How much information to release to the public
© 2017 Cengage Learning. All Rights Reserved.

15. Key Developments Concerning the Prosecutor
© 2017 Cengage Learning. All Rights Reserved.

16. Thinking Point Review the Casey Anthony case again
What issues did you see with regards to the prosecution?
What could they have done differently?
How prepared/trained were they for this high profile case?
Was it the prosecution that lost the case?
© 2017 Cengage Learning. All Rights Reserved.

17. Prosecutors and Courtroom Work Groups
Conflicting goals and contrasting work groups
Political styles and contrasting work groups
Socialization process varies
© 2017 Cengage Learning. All Rights Reserved.

18. The Expanding Domain of the Prosecutor
Improving Police/Prosecutor relationships:
Promote adequate police reports and contact between the two parties
Community prosecution:
Crime prevention is the goal
© 2017 Cengage Learning. All Rights Reserved.

19. Case Close-Up Burns v. Reed and Prosecutorial Misconduct
Should prosecutors be immune from civil lawsuits?
What did the Supreme Court say?
© 2017 Cengage Learning. All Rights Reserved.