Copyright © 2019 Cengage Learning. All Rights Reserved.
America’s Courts and the Criminal
Justice System, 13th Edition
Chapter 6
Prosecutors
Copyright © 2019 Cengage Learning. All Rights Reserved.
Learning Objectives (1 of 2)
1. Discuss the two major characteristics of prosecutors
in the United States.
2. Describe the three most important entities in federal
prosecution.
3. Identify the three somewhat overlapping agencies
involved in prosecution in state courts.
Copyright © 2019 Cengage Learning. All Rights Reserved.
Learning Objectives (2 of 2)
4. Explain the major factors affecting the work life of
assistant district attorneys.
5. Analyze the principal factors affecting prosecutorial
ethics.
6. Outline two major examples of the expanding domain
of the prosecutor.
Copyright © 2019 Cengage Learning. All Rights Reserved.
Origin of the Public Prosecutor
• From Private to Public Prosecutions
– Government employees in civil service
– Evolved from private prosecutions in English
common law
– Private citizens facilitated private vengeance
– Concerns regarding due process about private
prosecutions led to public prosecutor model
• Quasi-Public Prosecutions
– Prosecution out-sourcing model
– Part-time prosecutor model
Copyright © 2019 Cengage Learning. All Rights Reserved.
Role of the Prosecutor
• Major Characteristics
– Broad discretion
▪ Limits on discretion during trial
▪ Prosecutorial misconduct
– Charging decisions
▪ Have total discretion
▪ Overview of focal concerns theory
▪ Focal concerns theory applied to charging
– Decentralized
Copyright © 2019 Cengage Learning. All Rights Reserved.
Case Close-Up: Connick v. Thompson
(1 of 2)
• Fourteen years on death row
– Prosecutor withheld evidence that might have
led to Thompson’s acquittal
• Question raised regarding DA’s office paying
for egregious prosecutorial misconduct
– Federal jury held Connick liable
Copyright © 2019 Cengage Learning. All Rights Reserved.
Case Close-Up: Connick v. Thompson
(2 of 2)
• U.S. Supreme Court overturned the jury’s decision,
arguing one cannot sue for civil rights violations under
Section 1983 for failure to train prosecutors based on
a single Brady violation
– Prosecutors are immune from civil law when they are
performing their role, but only enjoy immunity outside
the judicial arena (faulty advice to police)
Copyright © 2019 Cengage Learning. All Rights Reserved.
Courts, Controversy, and Gender Equity
• Are Sexual Assaults Against Women
Underprosecuted?
– What do you think? Are sexual assaults
underprosecuted?
– If so, is the reason because criminal justice officials
fail to adequately consider the plight of the victim or
because these cases are more likely to have evidence
problems?
Copyright © 2019 Cengage Learning. All Rights Reserved.
Overview of Prosecutors in the
Dual Court System (1 of 2)
Federal State
Solicitor General
• Represents the U.S. government
before the U.S. Supreme Court in
all appeals of federal criminal
cases.
• Often appears as amicus in
appeals involving state criminal
convictions.
Attorney General
• Chief legal officer of the state.
• Civil duties more extensive than
criminal duties.
• Has limited authority in criminal
prosecutions.
Criminal Division
• Prosecutes a few nationally
significant criminal cases.
• Exercises nominal supervision
over U.S. attorneys.
Chief Prosecutors and Their
Assistants
• Have great autonomy in
prosecuting felony cases.
• Typically argue cases on appeal.
Copyright © 2019 Cengage Learning. All Rights Reserved.
Overview of Prosecutors in the
Dual Court System (2 of 2)
Federal State
U.S. Attorneys and Their
Assistants
• Prosecute the vast majority of
criminal cases in federal courts.
• Enjoy great autonomy in actions.
Local Prosecutors
• Often handle preliminary stages
of felony cases.
• Prosecute the large volume of
cases in the lower courts.
Copyright © 2019 Cengage Learning. All Rights Reserved.
Prosecution in Federal Courts (1 of 2)
• U.S. Attorney General
• Three most important entities in prosecution
1. Solicitor General
▪ Third-ranking officer in DOJ
2. Criminal Division of the Justice Department
▪ Formulates criminal law enforcement policies
in federal cases
3. U.S. Attorneys
▪ Principle litigator under the direction of the
attorney general
Copyright © 2019 Cengage Learning. All Rights Reserved.
Prosecution in Federal Courts (2 of 2)
• U.S. Attorneys
– Appointed and serve at the discretion of the President
with the consent of the Senate
– Three statutory responsibilities
1. Prosecution of criminal cases brought by the federal
government
2. Initiation and defense of civil cases in which the United
States is a party
3. Collection of certain debts owed the federal government
Copyright © 2019 Cengage Learning. All Rights Reserved.
Thinking Point: U.S. Solicitor General
• Research the current U.S. Solicitor General
http://www.justice.gov/osg/index.html
– What does the website discuss regarding the
U.S. Solicitor General?
– What is the job function of the Solicitor General?
– What is the mission of the organization as a whole?
– How does someone qualify for this position?
Copyright © 2019 Cengage Learning. All Rights Reserved.
Prosecution in State Courts
• Three overlapping entities
1. State attorneys general
2. Chief prosecutor
3. Local prosecutor
Copyright © 2019 Cengage Learning. All Rights Reserved.
Thinking Point: State Prosecutors
• Locate your state attorney general, chief prosecutor,
and local prosecutor.
– Who are they?
– What are their overall job functions?
– What qualifies them for the position they currently hold?
– Are they effective in their job positions? Why or why not?
Copyright © 2019 Cengage Learning. All Rights Reserved.
The Prosecutor’s Office at Work
• Assistant District Attorneys
– High turnover
– Learning the job
▪ school provides little exposure to day-to-day
operations of the position
▪ Young prosecutors’ syndrome
– Promotions and office structure
▪ Experience leads to promotions
– Supervision
▪ Supervised by a section head
– Attempts at greater supervision
Copyright © 2019 Cengage Learning. All Rights Reserved.
Prosecutorial Ethics
• Representatives of both victims and the police
• Prosecutorial immunity
– Absolute immunity
▪ Within the realm of prosecutorial functions
– Qualified immunity
▪ When not acting as advocate for government
Copyright © 2019 Cengage Learning. All Rights Reserved.
Ethical Duties of Prosecutors
• Ethical issues different from those facing defense
attorneys
– Client of the prosecutor is the government
• Ethical issues facing prosecutors
– Disclosure of evidence
– Conflict of interest
– Discretion
– How much information to release to the public
Copyright © 2019 Cengage Learning. All Rights Reserved.
Key Developments Concerning
the Prosecutor (1 of 2)
• Berger v. United States (1935): The prosecutor’s
primary interest is in doing justice, not simply winning
cases.
• Imbler v. Pochtmon (1976): Prosecutors enjoy absolute
immunity from civil liability when initiating and pursuing
a criminal prosecution.
• Morrison v. Olson (1988): Independent counsel law is
constitutional.
• Burns v. Reed (1991): Prosecutors enjoy only qualified
immunity from lawsuits concerning advice given to the
police.
Copyright © 2019 Cengage Learning. All Rights Reserved.
Key Developments Concerning
the Prosecutor (2 of 2)
• Buckley v. Fitzsimmons (1993): Prosecutors enjoy only
qualified immunity from civil lawsuits for actions during
criminal investigations and statements made during
news conferences.
• Kalino v. Fletcher (1997): A prosecutor may be sued for
making false statements of fact in an affidavit in
support of an arrest warrant.
• Connick v. Thompson (2011): A district attorney’s office
may not be held liable under Section 1983 for failure to
train prosecutors based on a single Brady violation (or
perhaps, even a handful of Brady violations).
Copyright © 2019 Cengage Learning. All Rights Reserved.
Thinking Point: Casey Anthony
• Review the Casey Anthony case.
– What issues did you see with regard to the prosecution?
– What could the prosecution have done differently?
– How prepared/trained were the prosecutors for this
high-profile case?
– What was the outcome of the case?
Copyright © 2019 Cengage Learning. All Rights Reserved.
Prosecutors and Courtroom Work Groups
• Conflicting goals and contrasting work groups
• Political styles and contrasting work groups
– Socialization process varies
Copyright © 2019 Cengage Learning. All Rights Reserved.
The Expanding Domain of the Prosecutor
• Improving police–prosecutor relationships
– Promote adequate police reports and contact
between the two parties
• Community prosecution
– Crime prevention is the goal
Copyright © 2019 Cengage Learning. All Rights Reserved.
Case Close-Up: Burns v. Reed
• Should prosecutors be immune from civil lawsuits?
• What did the Supreme Court say?
Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.
You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.
Read moreEach paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.
Read moreThanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.
Read moreYour email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.
Read moreBy sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.
Read more