1. Chapter Six: Prosecutors

2. Role of the Prosecutor Broad Discretion Decentralized
Part of the executive branch of government
In some cases challenge judicial decisions
Initiate, conduct and terminate prosecutions
Duty to see justice is done as an officer of the court
Immune from civil lawsuits when acting as courtroom advocates
Decentralized
8,000+ federal, state, county, municipal, and township prosecution agencies
Separate prosecutors are found in federal and state courts

3. Role of the Prosecutor 3

4. Role of the Prosecutor 4

5. Prosecutions in Federal Court
U.S. Attorney General
Three most important entities:
Solicitor General
Criminal Division of the Justice Department
U.S. Attorneys
Conducted by the U.S. Department of Justice (DOJ)
Headed by the U.S. Attorney General
Includes agencies such as the FBI, DEA, U.S. Marshalls, etc.
Solicitor General
3rd ranking officer in DOJ
Represent executive branch before the Supreme Court however responds also under the judicial branch
Argues all government cases before the court
Criminal Division of the Justice Department
Formulates criminal law enforcement policies in federal cases
International matters and terrorism oversight, i.e., OK City Bombing
U.S. Attorneys
Principal litigator under the direction of the attorney general
Appointed and serve at the discretion of the president with the consent of the Senate
One attorney assigned to each judicial district
Three responsibilities
Prosecute criminal cases by the federal government
Initiate and defend civil cases where the US is a party
Collect debts owed by the federal government

6. Prosecution in State Courts
Three overlapping entities
State Attorney General
Chief Prosecutor
Local Prosecutor
State Attorney General
State’s chief legal officer
Reps and Provides legal advice to other state agencies
Chief Prosecutor
Aka: district attorney, county attorney, prosecuting attorney- chief officer in the community
95% are voted in to position for 4 year terms
Local Prosecutor
Aka: city attorneys, solicitors
Approximately 5,700
Represents in initial appearance
Argues bond amounts
Process large number of minor criminal offenses

7. The Prosecutors Office at Work
Assistant District Attorneys
Assistant District Attorney
Most hired after grad school
Turnover rate is extremely high- avg. 2-4 years (due to low salary and pressures)
Learning the job
Law school provides little exposure of the day to day operations of this profession
Promotions and office structure
Vertical prosecution in smaller offices- intake to appeal
Horizontal prosecution in larger offices- attorneys assigned to courtrooms and judges

8. 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
Client of the prosecutor is the government therefore they are given special responsibilities
Disclosure of evidence is the dominant legal ethical issue confronting prosecutors
Conflict of interest
Amount of discretion and the use of discretion
Discretion to seek the death penalty
Amount of information to release to the public/press

9. Prosecutors and Courtroom Work Groups
Prosecutor’s role in work group
Political styles and contrasting work groups
Prosecutor is the most important person in the work group
Set agenda for the judge and defense attorney through discretion over a case
Determine the nature of acceptable plea negotiations and sentence
Control flow of information about a case
Conflicting goals and contrasting work groups
Some serve as police advocates and justice
Some impartially administer justice and secure convictions

10. Case Close-Up Burns v. Reed and Prosecutorial Misconduct
Should prosecutors be immune from civil lawsuits?
What did the Supreme Court say?
Prosecutors get qualified immunity from lawsuits re: advice given to police
Intentional misconduct or negligent advice they can be held liable for