7.4.3: Prosecutors

Prosecutors designated under the executive branch serve as the legal representative for either the state or the federal government, safeguarding their respective interests. In early formative years, prosecutors were often private citizens responsible for both accusations of the offense as well as the litigation. As the nation progressed, the U.S. established dedicated prosecution offices, where the roles of prosecutors underwent a process of increasing specialization, and their duties were formalized. Concurrently, public officials, notably district attorneys, assumed the crucial responsibility of overseeing criminal prosecutions, selected either through official appointment or public elections. This restructuring aimed to streamline legal processes, fostering fairness and impartiality in legal proceedings. In modern society, crime is no longer viewed solely as an offense against an individual but is recognized as a transgression against the state. As a result, the use of private prosecutors has been gradually phased out, underscoring the public nature of legal proceedings, and striving for a more consistent and equitable administration of justice. In contemporary state court systems, three distinct types of prosecutors commonly arise: the state attorney general, the chief prosecutor, and local prosecutors.

The state attorney general serves as the highest legal officer in a state, playing a pivotal role in providing legal counsel to the government and representing the state’s interests in legal matters. Appointed or elected depending on the jurisdiction, the state attorney general oversees a wide range of responsibilities, including advising the governor and other state officials on legal issues, defending the state in legal disputes, and, in rare instances, prosecuting cases of statewide significance. As the chief legal advocate for the state, the attorney general operates with a broad scope, addressing both civil and criminal matters. This position is vital in ensuring the legality and constitutionality of state actions, while also contributing to the overall administration of justice within the state’s borders. The state attorney general’s role is multifaceted, requiring a balance between legal expertise, public service, and a commitment to upholding the rule of law.

The chief prosecutor, also known as the district attorney (DA), county attorney, state attorney, or solicitor, serves as a pivotal figure in the criminal justice system, overseeing the prosecution of criminal cases within a specific jurisdiction. Elected in most states and the federal government, except in Alaska, Connecticut, Delaware, and New Jersey, the chief prosecutor holds a position that combines legal expertise with political accountability (Hessick & Morse, 2019). This official is responsible for making crucial decisions regarding which cases to prosecute, representing the state or county in legal matters, and advising government officials on legal issues. However, the elective nature of the position introduces a political dimension, potentially influencing the chief prosecutor’s focus towards the preferences of voters rather than solely prioritizing the broader needs of society. The chief prosecutor plays a central role in shaping the direction of criminal justice in their jurisdiction, balancing legal responsibilities with democratic accountability.

Local prosecutors, often known as city prosecutors in more densely populated areas, play an important role in the criminal justice system at the community level. Employed by certain larger cities and counties, these legal professionals are primarily responsible for representing their respective municipalities in civil trials, offering legal counsel to local officials, and prosecuting criminal cases. In larger cities, city prosecutors often handle misdemeanor cases within the trial courts of limited jurisdiction, dealing with a range of offenses. Additionally, they manage the preliminary stages in felony cases, demonstrating the significance of their role in maintaining law and order at the local level. The responsibilities of local prosecutors are intricately tied to the unique needs and dynamics of the communities they serve, contributing to the effective functioning of the justice system in their jurisdiction.

Prosecutor Functions

Prosecutors bear multifaceted responsibilities within the criminal justice system, wielding significant influence over various stages of legal proceedings. Primarily, their central role is to enforce criminal laws and secure convictions of individuals who are guilty of illegal offenses. However, they are also charged with the crucial task of safeguarding defendants from wrongful convictions and ensuring they receive adequate defense counsel (Criminal Justice Standards Committee, 2017). Prosecutors act as powerful decision-makers, exercising discretionary power to bring charges against individuals, determine plea negotiations, and decide the number and nature of charges. This discretionary authority emphasizes the prosecutor’s pivotal role in shaping the trajectory of a case.

Beyond courtroom proceedings, prosecutors invest considerable time in reviewing evidence and conducting legal research to inform their charging decisions. They serve as advocates for victims, whether individuals or the state, and dedicate substantial effort to trial preparation, plea negotiations, and handling appeals. Additionally, prosecutors provide legal advice to government agencies, contributing to the broader legal framework within their jurisdiction. In essence, the prosecutor’s responsibilities encompass a balance between pursuing justice, protecting the rights of defendants, advocating for victims, and contributing to the overall functioning of the legal system.

Prosecutorial discretion refers to the broad authority and decision-making power vested in prosecutors throughout various stages of the criminal justice process. This discretionary power allows prosecutors to make critical choices, influencing the outcome of cases and shaping the overall administration of justice. During the latter part of the 20th century, the discretionary power of prosecutors was expanded by “tough on crime” policies and the transition to determinate sentencing (Husak, 2008; McCoy, 2005).

One significant aspect of prosecutorial discretion lies in the decision to file formal charges. Prosecutors must assess the evidence, legal considerations, and the public interest before determining whether to pursue a case through the criminal justice system. Importantly, prosecutors can also exercise their discretion to abandon or terminate a case through actions like filing a formal notice of nolle prosequi.

Another crucial area where prosecutorial discretion comes into play is during the plea negotiation process. Prosecutors have the authority to offer plea deals, allowing defendants to plead guilty in exchange for lesser charges or a more lenient sentence. While judges retain the right to reject such agreements, the prosecutor’s role in shaping plea offers gives them significant influence over case outcomes.

Factors influencing prosecutorial discretion are diverse and can include legal considerations, such as the defendant’s criminal history, the severity of the alleged crime, strength of evidence, and the defendant’s willingness to cooperate. However, some research suggests that extralegal factors, including the prosecutor’s workload, the defendant’s demographic characteristics (such as gender and race), and the perceived likelihood of conviction, also play a role in the negotiation process (Bushway et al., 2014). This discretion, while essential for effective and flexible legal administration, requires careful consideration and accountability to ensure fair and just outcomes within the criminal justice system.