Omar Bennett
The constitutional mission of a prosecutor is to seek justice. They play a crucial role in the administration of justice and are responsible for promoting the reasoned exercise of prosecutorial authority, contributing to the fair and even-handed administration of criminal laws. Prosecutors must protect the innocent and convict the guilty, considering the interests of victims and witnesses while respecting the constitutional and legal rights of all persons, including suspects and defendants. They must also maintain the honour and dignity of their profession, uphold ethical duties, and be aware of the constitutional protections for the rights of suspects and victims.
| Characteristics | Values |
|---|---|
| Seek justice | N/A |
| Protect the innocent and convict the guilty | N/A |
| Consider the interests of victims and witnesses | N/A |
| Respect the constitutional and legal rights of all persons, including suspects and defendants | N/A |
| Be aware of the constitutional and statutory protections for the rights of the suspect and the victim | N/A |
| Respect and comply with ethical codes and opinions in the applicable jurisdiction | N/A |
| Avoid an appearance of impropriety | N/A |
| Seek and provide supervisory advice and ethical guidance when the proper course of prosecutorial conduct seems unclear | N/A |
| Challenge a governing ethical rule if necessary | N/A |
| Be individuals of integrity and ability, with appropriate training and qualifications | N/A |
| Promote the reasoned exercise of prosecutorial authority | N/A |
| Contribute to the fair, evenhanded administration of the federal criminal laws | N/A |
| Make timely disclosure to the defense of all evidence or information negating the guilt of the accused or mitigating the offense | N/A |
| Refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused | N/A |
| Promptly disclose new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense | N/A |
| Seek to remedy a conviction when there is clear and convincing evidence that a defendant in the prosecutor’s jurisdiction was convicted of an offense that they did not commit | N/A |
| Refuse to use evidence against suspects that was obtained through unlawful methods, which constitute a grave violation of the suspect's human rights | N/A |
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What You'll Learn
Prosecutors must seek justice and protect the innocent
Prosecutors are ministers of justice, and their constitutional mission is to seek justice and protect the innocent. They are responsible for ensuring that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. This means that prosecutors must disclose any information that might negate the defendant's guilt or mitigate the offence, even if this means seeking to remedy a conviction that has already been made. They must also refrain from making extrajudicial comments that could heighten public condemnation of the accused.
Prosecutors should be aware of the constitutional and statutory protections for the rights of the suspect and the victim, as well as human rights and fundamental freedoms recognised by national and international law. They must not use evidence obtained through unlawful methods, such as torture or cruel and unusual punishment, which constitute a grave violation of the suspect's human rights.
Prosecutors should also not strike jurors based on race, sex, religion, national origin, disability, sexual orientation, or gender identity. They should also not use the grand jury to obtain evidence to assist the prosecution's preparation for the trial of a defendant who has already been charged.
The prosecutor's role is to promote the reasoned exercise of prosecutorial authority and contribute to the fair and even-handed administration of criminal laws. They must consider the interests of victims and witnesses and respect the constitutional and legal rights of all persons, including suspects and defendants.
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Respecting constitutional rights of suspects and victims
The constitutional mission of a prosecutor is to seek justice and protect the innocent while convicting the guilty. They play a crucial role in the administration of justice and are responsible for respecting the constitutional rights of suspects and victims.
Prosecutors must be aware of the constitutional protections for the rights of suspects and victims and respect these rights at all times. This includes the right to a fair trial, the right to remain silent, the right to due process, and the right to be free from cruel and unusual punishment. Prosecutors must also be mindful of the impact of their actions on the victims of crimes and consider their interests, as well as those of witnesses.
In the United States, prosecutors have a responsibility to uphold the Constitution and ensure that the defendant is accorded procedural justice. They must disclose any evidence that might negate the defendant's guilt or mitigate the offence, and they must not use evidence that was obtained through unlawful methods or that violates the suspect's human rights. Prosecutors are also responsible for ensuring that guilty verdicts are correct and just. If a prosecutor becomes aware of information that raises doubts about a conviction, they must disclose this information and, if necessary, undertake further investigation to determine whether the conviction was correct.
To ensure that prosecutors are able to effectively carry out their duties, they should receive appropriate education and training on the constitutional and statutory protections for the rights of suspects and victims, as well as human rights and fundamental freedoms recognised by national and international law. Prosecutors should also be provided with the necessary resources and support to carry out their functions without intimidation, hindrance, or improper interference.
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Ensuring fair and ethical conduct
Professional Conduct and Ethical Duties
Prosecutors should be aware of and abide by the standards of professional conduct outlined in applicable laws, ethical codes, and opinions in their jurisdiction. They should maintain the honour and dignity of their profession and be mindful of their responsibility as ministers of justice. This includes respecting the constitutional and legal rights of all persons, including suspects, defendants, victims, and witnesses.
Evidence and Disclosure
Prosecutors have a responsibility to disclose all relevant evidence and information to the defence, especially when it tends to negate the guilt of the accused or mitigates the offence. They should refrain from using evidence obtained through unlawful methods that violate the suspect's human rights and must inform the court if such evidence is presented. Additionally, prosecutors should avoid making extrajudicial comments that could heighten public condemnation of the accused and should exercise care to prevent associated individuals from making similar statements.
Jury Selection
Fair and ethical conduct also extends to jury selection. Prosecutors should not strike jurors based on impermissible criteria, such as race, sex, religion, national origin, disability, sexual orientation, or gender identity. They should also refrain from harassing, intimidating, or invading the privacy of potential jurors during pretrial investigations.
Appeals and Conviction Review
Prosecutors have a duty to review convictions if they come across information that raises a substantial question about the accuracy of the conviction. They should promptly disclose such information to the relevant authorities, the court, and the convicted person. If the conviction occurred within their jurisdiction, they should also initiate or support further investigations to determine if a miscarriage of justice occurred.
Training and Qualifications
In summary, ensuring fair and ethical conduct is a foundational aspect of a prosecutor's constitutional mission. By adhering to professional standards, respecting the rights of all involved, handling evidence and disclosures properly, maintaining impartial jury selection, addressing potential miscarriages of justice, and prioritising qualified and ethical personnel, prosecutors contribute to a fair and equitable criminal justice system.
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Deciding to prosecute or not
The constitutional mission of a prosecutor is to seek justice. They are responsible for deciding whether or not to prosecute, considering the interests of victims and witnesses, and respecting the constitutional and legal rights of all persons, including suspects and defendants.
Prosecutors must exercise their prosecutorial authority judiciously, contributing to the fair and even-handed administration of criminal laws. They must determine whether prosecution is warranted or if further investigation is necessary. This decision involves evaluating the fundamental interests of society and the potential consequences for the accused, crime victims, and their families.
Prosecutors are guided by specific standards and ethical codes, such as the ABA's Model Rules of Professional Conduct, which outline their professional conduct and performance. They must also comply with applicable rules, statutes, and the constitution. These guidelines ensure fairness and consistency in the prosecution process, including the institution or waiver of prosecution.
Additionally, prosecutors have a responsibility to disclose exculpatory evidence and ensure that convictions are based on sufficient evidence. They must also refrain from using evidence obtained through unlawful methods that violate the suspect's human rights. Prosecutors should also be aware of their role in maintaining the honour and dignity of their profession, promoting justice, and protecting the innocent while convicting the guilty.
The decision to prosecute or not is a critical aspect of a prosecutor's role, requiring careful consideration of evidence, ethical guidelines, and the potential impact on all involved parties.
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The role of training and qualifications
The role of a prosecutor is to seek justice and protect the innocent while convicting the guilty, considering the interests of victims and witnesses and respecting the constitutional and legal rights of all persons. To carry out this role effectively, prosecutors must have the necessary training and qualifications.
Prosecutors should be individuals of integrity and ability, with appropriate education and training. They should be aware of the ethical duties of their office, the constitutional and statutory protections for the rights of suspects and victims, and human rights and fundamental freedoms recognised by national and international law. Training is essential to ensure that prosecutors understand their professional functions and can perform them without intimidation, hindrance, or harassment. It also enables them to make informed decisions about the use of evidence, particularly when there are concerns about the methods used to obtain it.
In addition to their legal knowledge, prosecutors should be trained in the ethical guidelines that govern their profession. These guidelines include the obligation to seek justice, protect the innocent, and respect the rights of all persons. Prosecutors should also be aware of the potential consequences of their decisions, such as the impact of sanctions or other measures on the accused, crime victims, and their families. Training in ethical guidelines helps prosecutors maintain the honour and dignity of their profession and make decisions that align with the interests of society.
The training and qualifications of prosecutors are crucial in ensuring the fair and equitable administration of justice. It empowers prosecutors to effectively combat criminality and protect citizens' rights. Furthermore, training promotes consistency in prosecutorial activities, enhances coordination between investigative and prosecutorial functions, and facilitates the training of new attorneys.
Overall, the role of training and qualifications for prosecutors is essential to ensure they have the knowledge, skills, and ethical framework to carry out their constitutional mission of seeking justice and protecting the rights of all individuals involved in the legal process.
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Frequently asked questions
A prosecutor's constitutional mission is to seek justice and protect the innocent while convicting the guilty. They are responsible for ensuring procedural justice and that guilt is decided based on sufficient evidence.
Prosecutors are responsible for upholding ethical duties and respecting the constitutional and legal rights of all persons, including suspects, defendants, and victims. They must also maintain the honour and dignity of their profession and be aware of human rights and fundamental freedoms recognised by national and international law.
Prosecutors have a responsibility to disclose all evidence to the defence, especially any information that may negate the guilt of the accused or mitigate the offence. They must also refrain from making extrajudicial comments that may influence public opinion and ensure that evidence obtained through unlawful methods or human rights violations is not used.
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