THE ROLE AND FUNCTION OF PROSECUTION IN CRIMINAL JUSTICE Jonathan John Mwalili* II. Read the law review articles listed in the reading assignment.
There is an inherent conflict, given the primary duties of the prosecutor. The prosecution function is organized differently at the local and federal levels. His role is not limited to the … The elements of malicious prosecution, as applied to the Attorney General when acting in the prosecution function, closely mirror the standard of flagrant impropriety for judicial review. All prosecutors are lawyers but not all lawyers are prosecutors! A lawyer is a person who is licensed to practice law. The defense lawyer challenges procedural errors and may seek to have charges dismissed because of unreliable evidence or testimony. What are the functions of the prosecutor and defense attorney? functions of the prosecutor and defense attorney. I am a Ventura County criminal defense attorney. The defense lawyer presents all evidence to rebut the prosecutor's arguments and challenges all questionable assertions of facts by the prosecutor to ensure that the high burden of proof is met. Most of the time, judges are not bound by these arguments and can arrive at their own conclusions, as long as they are considered and reasonable. He is the principal adviser to the Government of Kenya and is also the chief public prosecutor. The defense attorney will move to quickly investigate your case. Depending on the size of the municipality a prosecutor serves, the responsibilities of a prosecutor can vary. ORGANIZATION OF PROSECUTION A. In all but two states, each county in the state elects a local prosecutor and, in keeping with the notion of equal access to justice for all citizens, pays the prosecutor from public funds. Typically, the defense will argue for a lighter sentence, with out-of-custody provisions if at all possible, and the prosecutor will counter with a demand that the defendant serve more time. The defense attorney may potentially be able to convince the prosecutor to refrain from filing charges, or to file less serious charges than those requested by the investigating police agency. Answer the following questions based on the information you learned after reading the articles: What types of misconduct can be committed, and how does it affect a defendant’s right to a fair trial? It depends. If you’re referring to the prosecutor being a defense attorney in a criminal trial, it’s complicated.
Office of the Attorney-General The Attorney-General is a constitutional officer, and his office is an office within the public service.