Role and Function of the Prosecutor Within the Court Process - Research Paper Example

The criminal justice system has various components. For example, according to the U.S system, the criminal justice consists of three main sections. The three elements of the criminal justice in the U.S include the law enforcement, the court, and the corrections department (Davis, 2013). For this assignment, the focus is on the role of prosecutors in the court process. All the professionals in the court work to protect the right of every individual is protected. The practitioners in the court that safeguard the rights of everyone include the defense lawyers, the member of the jury, the judges, and the prosecutors. Therefore, the purpose of this assignment is to explain the role and function of the persecutor within the court process.

The role of the prosecutors in the court has to conform to the set standards. In the court, there are set standards that should guide the performance and conducts of the professionals. Often, the outsiders in the court confuse the role of the general standards. Rarely, the general standards serve as the criteria for evaluations in the judicial system. However, depending upon the circumstances in the court, the general standards may help in evaluating any misconduct during the process of the prosecution (Davis, 2013). At some point, there is a need to validate and assess the convictions.

The office of the prosecutor has distinct functions. The attorney is responsible for the prosecution in the court process. The role of each professional in the court is unique and helps to bring about justice. The prosecutor fights for justice for the suspect in the court. In the performance of his/her roles, the prosecutor has to adapt sound discretion (Barshefsky, 2016). Like all the professionals in the court, the prosecutor is an advocate, administrator of justice and an officer in the court. The prosecutor helps to improve the administration of justice in the court. Sometimes, there are inadequacies in the procedural law and thus it is the role of the prosecutors to call for a remedial action to promote justice.

The prosecutor has to know all the professional conducts, traditions, and ethical codes. The prosecutor has the role to use the guidance that the advisory council provides to ensure that justice prevails in the court process.

The prosecutors have roles to prevent the interference of the conflicts of interests in the court proceedings. The law requires the prosecutor seek justice and to avoid conflict of interest. Conflict of interest may arise when the prosecutor represents a defendant during criminal proceedings in the court where he/she play the role of a prosecutor (Yaroshefsky,2016). For this reason, the prosecutor should not represent the defendant and play the roles of the prosecutions in the jurisdiction of the employment. Sometimes the prosecutor has represented the client in private matters outside the court. In such a case, the prosecutor should provide the information from the private representation of the client to disadvantage him/her in the court process. Often, conflict of interest arises when the prosecutor participates in the court proceedings where one of the court officials is a relative.

The prosecutors should prevent the conflict of interest that arises because of the blood relationships of the court officials. The prosecutors prevent the financial, business, property, and political interest from interfering with his/her obligations. The role of the prosecutor has to remain within the jurisdictions of the court and the general standards in the court. The prosecutor has to remain careful when making referrals on the court. In some situations, the prosecutor has to make recommendations and referrals. However, the prosecutor has to be careful to avoid creating a conflicting of interest when making recommendations of the accused and the witness.

The prosecutors regulate public statements. It is the responsibility of the attorney to prevent law enforcers, employees, and investigators from making extrajudicial statements. The law prohibits the prosecutors from making public statements in different stages of court procedures (Yaroshefsky, 2016). Extrajudicial statements may prejudice the criminal proceedings. Often, a reasonable person expects prosecutors to disseminate public statements through the public communication. Prosecutors, therefore, regulate the release of extrajudicial statements that are likely to cause prejudice of the court proceedings.

The prosecutor responds to misconduct. In court, the law specifies the jurisdiction of all the court officials to avoid the conflicts. All the actions that violate the policies in the prosecutors office are regarded as misconducts. The prosecutor has the role in referring serious matters affecting his office to higher authorities. The law requires that all the court officials stick to the set policies to conform to the set standards (Yaroshefsky,2016). For this reason, it is the role of the prosecutor to respond to any action that violates the policies in the office of the prosecution. The prosecutors are accountable to each other on the court. For example, the chief prosecutor is answerable to serious matters in the court. The prosecutor has a role of to take a remedial action due to the violation of the law. At some point, the violation of the law is very serious, and thus the prosecutor should reveal the information to the government officials that are helpful in remedying the law violation in the court.

The prosecutor has an active role in the court process. For example, the prosecutor ensures that the tribunal reaches a just verdict in the court process. The law expects the prosecutor to be just, accurate and firm. The prosecutor should ensure that that evidence presented to the court are relevant (Barshefsky, 2016). The prosecutor should argue but should ensure that facts about the case are available. It is ethical for the prosecutor to present reliable, trustworthy, and credible evidence before the court.

In conclusion, the roles of all the court officials are specialized. The roles of individual court officials differ slightly and thus are confusing in most cases. However, the work of a prosecutor is demanding, and thus many people do not understand. Prosecutors fight for justice in the court process. The prosecutor does research to ensure that the evidence presented in the tribunal are facts and does not compromise with the justice. The prosecutor's remedy situation where the law is violated. For example, sometimes the policies governing the actions of the prosecutors are violated. In such cases, the prosecutors work to remedy the situations that resulted in the violation of the law.

Reference

Yaroshefsky, E. C. (2016). Duty of Outrage: The Defense Lawyer's Obligation to Speak Truth to Power to the Prosecutor and the Court When the Criminal Justice System Is Unjust. Hofstra L. Rev., 45, 531.

Davis, A. J. (2013). In search of racial justice: The role of the prosecutor. NYUJ Legis. & Pub. Pol'y, 16, 821.