General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDuties of a government prosecutor.
I've been taken to task for posts about the prosecutor's presser.
Especially her comment about Trayvon Martin's "sweet family"
I have been told, by persons who claim to be knowledgeable of law, that the prosecutor's job is to be an "advocate" for the alleged victim.
I do not, and can not, believe this is true, or should be.
Here's what I think is a pretty good description of what a prosecutor SHOULD do:
"Prosecutors are unique in that they have both powers and duties that other lawyers do not. This does not mean prosecutors are any better or worse than other lawyers, but it does result in many misconceptions about the prosecutors role in the criminal justice system. The quotations contained on this page are intended to shed some light on this role.
The duty of a public prosecutor or other government lawyer is to seek justice, not merely to convict.
Rule 3.8(a) of the Illinois Rules of Professional Conduct
The United States Attorney [a prosecutor in Federal Court] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.
As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
http://www.henrycty.com/codepartments/stateatty/aboutprosecutor.htm
I rest my case.
cloudbase
(5,524 posts)Justice is the ideal, getting one in the win column is the reality.
trof
(54,256 posts)Many times the 'real' world differs greatly from the intended, hoped for, or ideal.
I'm just stating what 'should be' and is directed in legal guidelines, not what is.
And i don't understand why folks seem to have a problem with this.
Whatever...
saras
(6,670 posts)Making the real world more like the intended world is what separates us from the other great apes.
monmouth
(21,078 posts)trof
(54,256 posts)Many on DU believe they are victim's advocates.
One who claimed to be a defense attorney as much as called me an idiot for stating otherwise.
(I can claim to be a supreme court justice online, but that doesn't make me one. )
I know there are politics involved in any elected or appointed office, but ideally (and by statue) the prosecutor's job is to find the truth in a criminal matter.
If exculpatory evidence pointing to the accused's innocence is uncovered, the prosecutor is obligated morally and legally to turn that information over to the court.
It happens.
I said in another OP that the prosecutor's comment about "justice for Trayvon's sweet family" was inappropriate, and I stand by that.
monmouth
(21,078 posts)agree the "sweet family" was a bit over the top.
trof
(54,256 posts)Solomon
(12,319 posts)more than 50 homicide cases over more than 20 years, but you know her "duties and responsibilities" better than she does.
Right.
trof
(54,256 posts)Buddy, YOU just made the list, and it's a VERY short one.
Solomon
(12,319 posts)case? Your boy is gonna do some time in spite of your whining. Here's some cheese to go with it.
Solomon
(12,319 posts)After thousands and thousands of prosecutions, it comes up now.
Perhaps the state's attorney should defend Zimmerman like the first state's attorney did.
God this crap is ridiculous. Does it really bother you that most prosecutors bond with the victims, or is it only this case?
Wonder why? I think I know.
EFerrari
(163,986 posts)to the wingnuts.
The duty of any officer of the court is to seek justice. The particular duty of the prosecutor is to advocate for the victim and the wingnuts don't know that or rather, they don't care about it.