Prosecutors Role When Sentencing an Offender - Essay Sample

Introduction

Prosecutors are mandated to represent the state, the local as well as the federal governments in criminal court cases. Moreover, the prosecuting attorney's interviews victims or witnesses; they also participate in the evaluation of the police reports through performing the legal research aiming at the prosecution of every single case. However, the prosecution is referred to as the legal party which is mandated to present the case in a court of law against an individual who is accused of breaking the laws of the country or state. In legal court proceedings whereby a person is charged with a criminal offense, they are arranged in the court by a state-appointed public prosecutor referred to as the district attorney or a public prosecutor. Since the act of prosecution has significantly been embraced in the court of laws then what are the key roles of prosecutors when sentencing an offender?

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The emergence of the roles of public prosecutors in sentencing the offender is well documented to have several systems of criminal prosecutions majorly in the parts of the western countries. In Europe, any member of the public may be prosecuted, but the state attorney general has the sole mandate to dismiss the charge (Kelly 2015). It's also stated that most of the prosecution in Europe, for instance, England, is generally conducted by the local police officers. Also, the initiatives of public prosecutions majorly lie with the state, participating through an investigating magistrate with the charging discretions is referred to as the nonexistent as well as a subject to judicial review. On the other hand, the American criminal prosecution is known to be hybrid, i.e., it's standardized as well a public function (In Colvin 2019). It majorly induces extraordinary emphasis on the primary autonomy and also charging discretion.

Moreover, in the 16th and 18th centuries, a system of private prosecution emerged in England. Hence, no public official was elected as the public prosecutor locally or nationally whereas the local justice of peace regularly assumed the roles (Kelly 2015). However, the attorney general of England could apply prosecutions but did so majorly in cases of exceptional importance regarding the crown. The American criminal procedure also tends to follow this same pattern whereas the attorney general could represent the crown both in the criminal and civil cases hence leaving criminal prosecutions to the victims (In Colvin 2019).

Various sources have clearly described the roles of prosecutors in sentencing the offenders; these duties include the following; the prosecutor is generally acting as the principal representative of the country in matters which are linked to the adjudication of the criminal offenses (Kelly 2015). Hence, he has a hand in every case that is presented before the criminal court of law. Also, the prosecutor plays an essential role in the investigative phases in different ways, i.e., he provides advisory assistance to the police to ensure that the evidence required for the conviction is available. He also assumes some responsibilities for the lawfulness on matters of investigation activities. Also, the majority of chief prosecutors have the authority and control over the prosecution policies enabling them to practice their jurisdictions which is constrained by the broad outlines related to the criminal justice statues, court procedure, and case laws (In Colvin 2019). Moreover, it's the responsibility of the prosecutor to ensure that justice is followed to the letter by convicting those individuals who have violated the law of the state.

Conclusion

In my opinion, the public prosecutors have significantly played a significant role in sentencing the offenders; for instance, the prosecutors have assisted considerably in making trials for the state as well as making sentencing recommendations. The act will ensure that the criminals are brought to book and the appropriate actions are taken against them hence minimizing the criminal activities in the states.

The sources have documented contradicting statements regarding the duties of the prosecutors while sentencing the offenders, for instance, prosecutors are mandated to reviewing the charges against any individual who is arrested by the police as well as the responsibility to decide whether to charge the individual or victims. However, I am not fully convinced with this kind of argument since it's the key responsibility of the senior judge of the court to charge an individual's who have been found guilty as well as to review the charges against them.

References

In Colvin, V., & In Stenning, P. C. (2019). The evolving role of the public prosecutor: challenges and innovations.

Kelly, W. R. (2015). Criminal justice at the crossroads: Transforming crime and punishment.