think of a prosecutor‚ you think of a person who is honorable. A person who is committed to helping maintain justice and upholding the law. A prosecutor is supposed to help protect the public by making sure that the “bad guys” go to jail and the innocent go free. However‚ prosecutorial misconduct and misdeeds happen‚ and it happens more frequently than you would think. The question is why does it happen but more importantly‚ how do we stop it? While researching the role of a prosecutor‚ I came across
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(Ind. Ct. App. 2014). It is misconduct for a prosecutor to request a jury to convict defendants for any reason other than their guilt. Ryan v. State‚ 9 N.E.3d 663‚ 671 (Ind. 2014). While a prosecutor may argue both law and facts‚ and propound inferences based on analysis of the evidence‚ the prosecutor still must confine closing argument to comments based only upon evidence in the record. Lambert v. State‚ 743 N.E.2d 719‚ 734 (Ind. 2001). A prosecutor may not engage
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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
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of a defense counsel and a prosecutor are alike and different in a few ways. They both are attorneys; a prosecutor’s goal is to put the defendant in jail or behind bars and prove them guilty the defense counsel is doing the opposite defending the defendant. They both will work hard for their client; the prosecutor works for the state and the defense counsel works independently. One cannot hire a prosecutor but one can hire a defense attorney. They both; the prosecutor and defense counsel use evidence
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feel that it has. In the courtroom the roles of each person happens to be a part of case and the prosecutor‚ defense attorney‚ criminal‚ and victim all play a role. There are others that are a part of the role
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the different elements of the case to include who‚ what‚ where‚ when‚ and the how. When the officer makes a complete and in depth report‚ the officer will be able to remember information and maintain the integrity of case. Communications of the Prosecutor In the matter of Minnesota v. Riff‚ communication is a vital part of the case. Written and verbal communications are used throughout the investigation and the trial. The prosecution present witnesses to give testimony that will persuade the jury
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Courtroom Workgroup CJA/204 Courtroom Workgroup In The United States criminal justice system‚ a Courtroom Workgroup is an informal arrangement between a criminal prosecutor‚ criminal defense attorney‚ and the judicial officer. This foundational concept in the academic discipline of criminal justice‚ recharacterizes the seemingly adversarial courtroom participants as collaborators in "doing justice." The courtroom workgroup was proposed by Eisenstein and Jacob in 1977 to explain
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prove it and he will be released. However plea bargaining has contributed to the imprisoning of innocent individuals. The prosecutor also has an unfair advantage over the defense thus making plea bargaining an unfair practice. These reasons are why plea bargaining is a negative practice and should be changed. Please bargaining is the “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.” This arrangement
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Prosecutorial misconduct • Ineffective assistance by criminal defense counsel • Judicial misconduct • What did the prosecutor do wrong? How does immunity protect the prosecutor from the consequences of his or her misconduct? • What did the criminal defense attorney do wrong? What is the Strickland v. Washington standard? Refer to Ch. 10 of Courts and Criminal Justice in America. How do the performance prong and the prejudice prong of the Strickland standard apply to the example?
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under common law using the adversary system. It is an allegation offered in pleading a case. What is this plea bargaining agreement referring for? Plea Bargaining Agreement according to encyclopedia‚ it is an agreement in a criminal case where by the prosecutor offers the defendant the opportunity to plead guilty‚ usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. Most criminal defendants are less than enthusiastic over the prospect
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