Nepedia
Back to Discover
Advanced Reader
📖

Prosecutor

society Maturity 11-13 politics Next article →

This article covers sensitive topics: politics. Parents can manage visibility in Parental Controls.

A prosecutor is a legal professional who represents the state or government in criminal proceedings. They are the members of the prosecution, which is the legal party responsible for presenting a case in a criminal trial. This trial is held against a defendant, who is an individual accused of breaking the law. Prosecutors operate within different legal frameworks. Some countries use an adversarial system, which is common in common law jurisdictions. Others use an inquisitorial system, which is common in civil law jurisdictions.

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

To become a prosecutor, a person must typically be a lawyer with a law degree. They must also be recognized as a suitable professional by the court where they work. This might involve being admitted to the bar or obtaining a qualification like a solicitor advocate in England. Prosecutors become involved in a case once a suspect is identified and charges are filed. They are employed by government offices. In federal governments, sovereignty may be divided, meaning multiple prosecuting offices exist within one country.

Because prosecutors wield the power of the state, they must follow strict professional responsibility rules. These rules are often more demanding than those for other lawyers. In the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct is a key example. This rule requires prosecutors to make timely disclosure to the defense regarding all evidence that might negate the guilt of the accused. This includes information that might mitigate the offense. Such requirements are also upheld through various U.S. Supreme Court and appellate court rulings. These ethical requirements come from statutes, court rules, and appellate court opinions.

Many Commonwealth Nations organize their prosecution authorities under a Director of Public Prosecutions, or DPP. The DPP is an appointed official rather than an elected one. Depending on the country, a DPP may be subject to certain levels of control by an attorney general. In Australia, the Offices of the Director of Public Prosecutions handle prosecutions for indictable offences on behalf of the Crown. In some serious matters, the DPP may advise the police on the sufficiency of evidence. They may also prepare applications for search warrants or telecommunications interception warrants. Recent constitutions, such as that of South Africa, guarantee the independence and impartiality of the DPP.

Different countries use different names and structures for these roles. In Canada, public prosecutors are often called Crown Attorney or Crown Counsel. They are generally appointed by a provincial Attorney General. In England and Wales, the primary body is the Crown Prosecution Service, or CPS. The CPS is led by the DPP, who performs administrative and leadership roles rather than taking cases to court personally. The Attorney General in England and Wales is a political office and the chief legal advisor to the executive. Unlike in the United States, the Attorney General in England and Wales is not a prosecutor. Other bodies like the Serious Fraud Office (SFO) and the Financial Conduct Authority (FCA) also have the authority to bring prosecutions.

In England and Wales, Crown Prosecutors are the lawyers who work for the CPS. They research investigations, prepare cases, and sometimes present them at trial. For very serious cases, the CPS may instruct a barrister to present the case. In the most serious instances, they might hire a King's Counsel. These barristers may work in teams with a leader directing junior members. Unlike some other systems, these prosecuting barristers may also engage in defense work on a case-by-case basis. They are not employed solely to perform prosecution advocacy.

Before a prosecution begins, prosecutors must follow a strict process called the Full Code Test. This test has two essential parts. The first is the Evidential Stage. Prosecutors must be satisfied there is sufficient evidence to provide a realistic prospect of conviction. This is an objective assessment that considers what the defense might argue. A case that fails this stage must not proceed, regardless of its sensitivity. The second part is the Public Interest Stage. Even if evidence is sufficient, a prosecutor must decide if a trial is in the public interest. They must weigh factors that favor prosecution against those that do not.

Open Government Licence logo
Open Government Licence logo
692 words

Where will your curiosity go next?

Keep exploring at your chosen reading level.

🖼️ Images & Media (2)
File:Prosecutor_Robert_Jackson_at_Nuremberg_Trials.jpg
Prosecutor_Robert_Jackson_at_Nuremberg_Trials.jpg
File:Open Government Licence logo.svg
Open Government Licence logo.svg
More to explore

🔬 Go deeper

More advanced topics to explore

🪜 Step back

Simpler topics to build understanding

What is Nepedia?

A free, ad-free encyclopedia for children. Every article is written at five reading levels, so the same page works for a five-year-old and a fifteen-year-old — use the level switcher above to see this one change. No account needed to read.