Preview

Prosecutor: Sentenced Or Unreliable Offender

Good Essays
Open Document
Open Document
366 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Prosecutor: Sentenced Or Unreliable Offender
A prosecutor has limited constraints when bringing charges against someone. A prosecutor cannot bring charges vindictively against a person because a defendant successfully appealed a conviction. In the presence of probable cause the prosecutor is not permitted to bring charges for such improper reasons. It would be inappropriate for a prosecutor to bring charges against someone is if he or she knew that the evidence was tampered with, like improper behavior of a cop. If the attorney knew that the evidence given was under false pretense or had been fabricated, filing charges would be inappropriate. Another case would be if the lawyer trust that there is insufficient evidence to convict or if the case is not sufficiently strong to warrant an indictment. A prosecutor choosing that …show more content…
That would be unethical and inappropriate. If the prosecutor it related to someone or have some type of personal ties with them such as a family member or a personal relationship then it will be inappropriate to bring charges against them. A prosecutor who is related to another lawyer as parent, child, sibling, or spouse should not participate in the prosecution of a person who the prosecutor knows is represented by the other lawyer; nor should a prosecutor who has a significant personal or financial relationship with another lawyer participate in the prosecution of a person who the prosecutor knows is represented by the other lawyer, unless the prosecutor's supervisor, if any, is informed and approves or unless there is no other prosecutor authorized to act in the prosecutor's stead.[2] Limitations make it hard for prosecutors to bring criminal charges against anyone; harder than it is to not bring charges against a person the police arrested. Those requirements do not bring significant barriers to prosecutors in cases they are likely wish to
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Cja224 Week 2
    • 1423 Words
    • 6 Pages

    Cja224 Week 2

    * Why is so little done when a prosecutor is found to be abusing his office? It is because of Absolute prosecutorial immunity which is a legal doctrine established by federal statute. It provides a prosecuting attorney with immunity from lawsuits or criminal charges for his acts, whether or not they constitute intentional misconduct. The intent of this statute was to protect prosecutors from retaliatory or frivolous actions that could cripple their ability to do their jobs. Nifong’s conduct revealed…

    • 1423 Words
    • 6 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Checkpoint #6 Cjs/200
    • 337 Words
    • 2 Pages

    Checkpoint #6 Cjs/200

    First I will start off with the one who has all the authority, the judge. The judge is the one who makes all the rules. Next is the prosecuting attorney. The prosecuting attorney may also be known as the district attorney, state’s attorney, county attorney, commonwealth attorney or solicitor. The prosecuting attorneys duty is to conduct criminal proceedings on the behalf of the state or the people against those accused. The three main roles of the prosecutor are investigating crimes, to decide whether or not to instigate legal proceedings and to appear in court. All of the duties of a prosecutor may become too much for one person to handle so they supervise a staff of assistant district attorneys who do most of the work in the courtroom. The prosecuting attorney determines which cases to pursue by the amount of evidence that they gather. If the attorney cannot find enough evidence to get a conviction then they may make the decision to drop the case. Next is the defense attorney. The defense attorney is the one who represents the one being accused of a crime. Public defenders also represents those accused of crimes, however they are state employed lawyers.…

    • 337 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Ginger Robinson Week 6 Courtroom Players Response
    • 279 Words
    • 1 Page

    Ginger Robinson Week 6 Courtroom Players Response

    The prosecutor is accountable for exhibiting the state’s evidence as well as presenting and preparing the state’s case against the accused. It is also the prosecuting attorneys responsibility to decide which matters should be tried or not. It is the prosecutor who makes these determinations based on a several sets of criteria. Most prosecutors will study the evidence against the accused, study the crime, as well as many other factors.…

    • 279 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Better Essays

    CJA 364: Jury Trial Analysis Process
    • 920 Words
    • 4 Pages

    CJA 364: Jury Trial Analysis Process

    The defense attorney says what he wants to say because the prosecutor has the last word in the process. The defense attorney is there for the criminal/defendant and to make the juries question all the evidence against the defendant. The prosecutor is there to give the last word in hopes that the jury can see the evidence for what it is.…

    • 920 Words
    • 4 Pages
    Better Essays
    Read More
  • Powerful Essays

    CJUS 330
    • 2002 Words
    • 7 Pages

    CJUS 330

    Court Support Staff: Clerks of court, court reporters, pretrial services personnel, bailiffs, court administrators, victim/witness assistance program personnel, rape crisis center…

    • 2002 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Adjudication Chapter 7 Outline
    • 433 Words
    • 2 Pages

    Adjudication Chapter 7 Outline

    A. Lawyers sometimes view their clients as not telling them the whole truth about a case and at times seeking to manipulate their lawyers. Defendants may view their attorneys as not fighting hard enough for them and seeking to accommodate the judge and prosecutor.…

    • 433 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Courtroom Players Response
    • 328 Words
    • 2 Pages

    Courtroom Players Response

    The prosecutor is responsible for presenting the states evidence and preparing the states case against the accused. It is up to the prosecuting attorney to determine which cases should be pursued and which to let the charges drop. The prosecutor makes these decisions based on a variety of criteria. They will look at the evidence against the accused, the crime itself, the history of the accused as well as many other factors.…

    • 328 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Should Good People Be Prosecutors Analysis
    • 1112 Words
    • 5 Pages

    Should Good People Be Prosecutors Analysis

    It is somewhat an oxymoron to consider yourself a prosecutor and a good person. Paul Butler writes describing the discrepancies with progressive prosecutors who believes they are able to change the “definition” of a prosecutor. Butler defines a prosecutor as someone one who is “more part of the problem than the solution” and a person who is “geared toward punishing people whose lives are already messed up.” Furthermore, Butler qualifies his definition of a prosecutor by saying the job of some prosecutors is to “mitigate the harshness of the system.” This is a failed attempt to mend the system because their principal work applies the criminal laws instead of ameliorating its negative effects.…

    • 1112 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Ethical Dilemma Regarding Your Response To The DA Office
    • 717 Words
    • 3 Pages

    Ethical Dilemma Regarding Your Response To The DA Office

    The ethical dilemma in this scenario stems from the Prosecutor in the DA Office's attempt to manipulate the court and jury using deceptive tactics. Specifically, he presented a bloody shirt to the jury, suggesting that the defendant was guilty if it contained the victim's blood. However, crucial information was omitted: the blood on the shirt was not human, and the shirt was not worn on the day of the incident. Furthermore, the prosecutor's failure to apologize for causing another prosecutor to be late for court compounds the ethical concerns. Regarding your response to this dilemma, you have two courses of action: You may report the prosecutor's misconduct and inform the court about the misleading information presented.…

    • 717 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Courtroom Chart
    • 1062 Words
    • 5 Pages

    Courtroom Chart

    |Prosecutor |represent the government's interest in criminal |criminal justice system. Unlike most other lawyers, |…

    • 1062 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Indeterminate Sentencing Research Paper
    • 423 Words
    • 2 Pages

    Indeterminate Sentencing Research Paper

    The following paragraphs will define and explain the differences between determinate and indeterminate sentences. This discussion may seem, at first blush, to be somewhat theoretical. However, the issue is a life-altering one for parole as an institution. In a determinate sentencing structure, there is no role for a paroling authority in making release decisions.…

    • 423 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Parole and Truth in Sentencing
    • 748 Words
    • 3 Pages

    Parole and Truth in Sentencing

    To understand parole one needs to know what parole is and what it means. Parole is the status and early release of a convicted offender who has been conditionally releases from prison by a paroling authority before his or her sentence is expired. Parole and Probation have similar conditions. While an offender is on parole they have certain rules they need to follow. There is another form of parole which is Federal parole. Federal parole was determined by the Parole Board under the United Stated Parole Commission. Federal parole was changed after the Sentencing Reform Act. The Sentencing Reform Act was a part of the U.S. Federal statute that was intended to increase the consistency in the United States federal sentencing; this abolished federal parole all together. Parole was introduced by Brockway Zebulon in 1876 as a way to reduce jail overcrowding and as a way to rehabilitate offenders by encouraging them to win back their freedom with good behaviors. The role of parole was to reduce prison terms based on good behavior. Another role of probation was to supervise the convicted after being granted parole and grant freedom to those who had uncertain sentences. The reduction of jail terms after good and responsible behavior use to reduce indeterminate sentences. “There are 25 percent of inmates who are freed from prison are still paroled by the paroling authority, such as a parole board” (Schmalleger, F).…

    • 748 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Parole and Truth in Sentencing
    • 501 Words
    • 3 Pages

    Parole and Truth in Sentencing

    When an inmate is released from prison on parole there are certain conditions that they have to follow such as not leaving the state and they have to obey extradition request from other jurisdictions. (Schmalleger, 2011). Once the inmate is placed on parole they are assigned a parole officer that they to visit on a regular basis and the parole officer will visit them and these visits will be at random. The parolees can be visited at home; work, and school, and they are also subjected to random drug and alcohol testing because as a condition of their parole they are not to use either. Even if a parolee is not using drugs and alcohol and is at home when the parole officer comes their parole can still be revocated if they have not found employment, which is a condition of parole within 30 days.…

    • 501 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Indeterminate Sentencing Analysis
    • 185 Words
    • 1 Page

    Indeterminate Sentencing Analysis

    To address the question as to what style of sentencing guidelines I would prefer to be used within my state, I would have to sway towards indeterminate sentencing. The end goal is to rehabilitate those who enter the prison system for crimes they have committed. For most, they will eventually reenter society after completing their respective prison sentence. The hope is that those incarcerated have completed rehabilitative programs and can now be productive members of society. We as a society need to understand that law enforcement simply can’t arrest their way out of all the crimes committed on a daily basis. Additionally, each person’s situation should be examined separately. This includes examining the crime committed, the person’s criminal…

    • 185 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Courtroom work group week 3
    • 1422 Words
    • 4 Pages

    Courtroom work group week 3

    A defense attorney can either be hired by the client, or the courts can appoint one to the accused. Prosecutors are there to represent the people and that…

    • 1422 Words
    • 4 Pages
    Powerful Essays
    Read More