Special Duties of Prosecutors
One of the major differentiating aspects of the United States of America is the fact that if arrested, you are innocent until proven guilty. This is a rare concept among legal systems. Most countries deem the suspect guilty until proven innocent. In the United States, it is the duty of the Prosecutor to find the defendant guilty, while the defense attorney is solely responsible for upholding his client's innocence. The prosecutor is seen in a special light by the public. Smith (2001) says that it is understood that prosecutors have the moral high ground, that they are the good guys and are on the "right" side. Prosecutors are representatives of the state and the government, in essence, the people. This responsibility gives the prosecutor a special light, almost making them seem noble, as they seek the truth and justice (Smith 2001). They prosecute villains, and seek justice for victims, while defense attorneys are often thought of in a much less positive way. Defender's morals are questioned, deemed "sleazy," "slick," or worse (Smith 2001). Yet, to have a fair due process of law, both sides are needed. Both, the prosecutors and defenders, should be extended the same rights and privileges, to ensure justice was appropriately served. This is not necessarily the case, as prosecutors have an edge with the Grand Jury.
Prosecutors, start judicial actions against a criminal suspect by introducing a case to a grand jury. In the federal legal system and in most states, grand juries are used to bring charges for felonies. If a grand jury is not used, a prosecutor can bring charges against a suspect using an information. Grand juries are dual natured;...
This means that grand juries investigate crimes and deliberate on what charges to present for trial. It is referred to as a "sword" and "shield" (Cassidy 2000). It is referred to as a sword because of its power of subpoena, which is the power to compel testimony and the power to grant immunity for witnesses. As a shield, grand juries may protect innocent individuals from accusations not supported by probable cause (Cassidy 2000).
The American grand jury is made up of twenty-three citizens. The work they do is conducted in secrecy, and the modern grand jury adheres to the advice and instruction from only one lawyer, the prosecutor. In a grand jury, the prosecutor is responsible for making an opening statement, examining the witnesses, introducing evidence, creating the draft indictment, and teaching the jury on the legal components of the crimes presented in the recommended charge (Cassidy 2000). In certain states, the prosecutor can even stay in the room as the grand jury deliberates, to answer any questions any jurors may have. On the other end of the spectrum, the defender has no role in the grand jury except advise his client, if called as witness. If the client is not called as witness, then the defense attorney is not even allowed in the room. Cassidy (2000) writes how neither the rules of evidence, nor the constitutional rights of a defendant to be secure from unreasonable searches and seizures, to confront the witnesses against him, and to testify in his own defense apply in a grand jury.
Grand juries return indictments at very high rates. It can be easily inferred, that is due to…
