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Prosecutor

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A prosecutor is a legal professional who represents the state or government. They work in criminal trials to present a case against a defendant. A defendant is a person who is accused of breaking the law. Prosecutors are usually lawyers with a law degree. They must be recognized by the court to do their work. In some places, they are called solicitor advocates. They become involved once a suspect is identified and charges are filed.

Prosecutor Robert Jackson at Nuremberg Trials
Prosecutor Robert Jackson at Nuremberg Trials

Prosecutors must follow very strict rules to remain fair. These rules are often called professional responsibility rules. In the United States, Rule 3.8 of the ABA Model Rules is very important. This rule says prosecutors must share all evidence that might help the accused person. They must show information that might prove the person is not guilty. This helps ensure the trial is honest and balanced. These rules come from court opinions, rules, and written laws.

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Different countries have different ways of organizing these lawyers. In many Commonwealth Nations, the head is the Director of Public Prosecutions. This person is appointed to the job rather than being elected. In Australia, these offices handle serious offences for the Crown. In Canada, prosecutors are often called Crown Attorney or Crown Counsel. They are usually appointed by a provincial Attorney General. Each system has its own way of managing legal power.

In England and Wales, the Crown Prosecution Service is the main group. It is led by the Director of Public Prosecutions. This leader is a qualified lawyer, but they do not take cases to court. Instead, they act as a leader and manager for the office. Other groups like the Serious Fraud Office can also bring prosecutions. Some lawyers, called barristers, may be hired to present the case in court. They might even work in teams to handle very serious cases.

Before a trial begins, prosecutors use a special process called the Full Code Test. This test has two important parts that must both be met. The first part is the Evidential Stage. Prosecutors must be sure there is enough evidence to likely win the case. They must also think about what the defense might say. The second part is the Public Interest Stage. They must decide if a trial is actually what the community needs. Even with evidence, a trial might not happen if it is not in the public interest.

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