10 31 14 Courts Introducing the Prosecutor and Defense Counsel Prosecutor District Attorney Roles 1 Legal Interviews witnesses talks with victims Cooperates with police to investigate violations of the law Determines the charges Reviews applications for warrants and subpoenas Represent the state government in pretrial hearings and procedures Enters plea agreements Tries criminal cases Recommends sentences represents government during appeal process if any 2 Bureaucratic 3 Political Maintains standards of conduct among staff in office Manages operations supervises activities of ADAs Allocates resources and assigns cases Develops programs legislation for law and CJ reform Public spokesperson for the government on law issues in general Popular election elected official Prosecutor s Power of Discretion 1 Determines the charges 2 May refuse to prosecute a case 3 Initiates action for criminal litigation 4 May stop the charging process at any time 5 May request the court to dismiss charges Prosecutor Decides Not to Charge The Factors 1 Insufficient evidence 2 Witness problems 3 Guilty plea to another charge case 4 Due process problems 5 Referral for prosecution elsewhere 6 Deserving defendant 7 Victim participation The Effect of Race and Gender on Prosecutors Charging Decision About half of all cases are rejected at screening Cases involving white females are rejected the most Prosecutor Pursues Charges Misdemeanor cases o Complaint prosecutor alleging the individual committed the crime sworn written document to a court by the police and or States the criminal charge date place and circumstance Felony cases o Indictment formal written criminal accusation given by a grand jury stating the allegations crime for which the defendant is required to stand trial Grand Jury a group of citizens chosen to hear the testimony in written accusation by the prosecutor setting the charges Legal counsel for the defendant in a criminal case who represents the defendant secret In other jurisdictions o Information against a defendant Defense Counsel from arrest to final appeal Defense Counsel Duties Insures constitutional safeguards Interviews client defendant police witnesses victim Investigates the crime Reviews police reports Discuss matter with prosecutor to gain insight into the strength of the state s case Represents client at all procedures arrest bail plea to appeal Enters plea on behalf of client Prepares case for trial and represents client during that trial Files and argues any motions with the court Provides assistance to defendant in sentencing stage Determines appropriate avenues for appeal if any Types of Defense Counsel 1 Privately Retained Counsel 86 of individuals cannot afford privately retained counsel 2 Assigned Counsel Jurisdiction assigns indigent criminal cases to private attorney on a systematic or ad hoc basis 3 Public Defender Representation is provided by a public nonprofit organization with full or part time staff of attorneys and support personnel including investigators paralegals social workers etc 4 Contract System Jurisdiction enters into a contract with an attorney a group of attorneys or entire firm to provide presentation in some or all indignant defendant cases Indigent Defendant a poor defendant without funds to hire an attorney for his or her defense entitled to counsel under 6th and 14th amendment Assigned Counsel Oldest and most widely used method in the history of American jurisprudence Operates in about 52 of U S counties Type of system used in most smaller jurisdictions Attorneys are customarily chosen from a judge s list and desire to be chosen Growing in prevalence operates in about 11 of U S counties across 6 states Contract System Public Defender System Operates in about 37 of U S counties System found in urban counties due to the high number of indigent defendants it is the more efficient system cost assignment and processing Represents the largest number of indigent defendants Reasons why public defender may be preferred 1 Compensation is minimal 2 Criminal cases are handled sporadically in other systems 3 Funds are limited to provide legal services in other systems to conduct investigations obtain expert witnesses etc