The Ethical Obligations of the Criminal Prosecutor
The Criminal Prosecutor has an extremely important role in the Criminal Justice system. Not only are they responsible for protecting the innocent, they also have duties and obligations towards the defendant as well. The Criminal Prosecutor has a duty to represent the community he or she is elected in, while the community demands that the individual protects the interests of the community, the criminal prosecutor has to defend the constitutional rights of the defendant. He or she also has to pursue the search for justice in a proper and fair manner. This article focuses on the ethics surrounding the criminal prosecutor and the role that the prosecutor plays in each phase of a criminal proceeding from the initial investigation up until the post trial phase.
The United States Constitution, more importantly the Bill of Rights, makes provisions for one to receive a fair trial in the United States. The Bill of rights is the main source of citizens’ rights in America. Four of the amendments pertain directly to criminal justice (Amendments 4, 5, 6 and 8). The due process afforded to the defendant must be as protective as those amendments in the bill of rights. The article mentions that states may provide the guaranteed minimum or they reserve the right to grant equal or greater protection to the defendant. State laws must be enacted to provide greater protection. No State may interpret their laws to grant less than the minimum protection required by the U. S. Constitution.
The Criminal Prosecutor takes on many roles during a criminal proceeding. The three phases that the prosecutor is involved in are the pre-trial phase this includes, investigation, arrest, charging and arraignment; the trial stage which includes the fair search for guilt or innocence; and the post trial phase which includes sentencing, appeals and parole. Most individuals may not be aware but the...