Loading ...
Sorry, an error occurred while loading the content.
Skip to search.

19628Responsibility Of The Prosecutor To Be Sensitive To The Rights Of A Defendant

Expand Messages
  • Legalbear
    Mar 26, 2014

      In an adversary system of criminal justice, the public interest in the administration of justice is protected by the participants in the litigation. Gannett Co. v. DePasquale, 443 US 368, 383 (1979).

       

      The Court has recognized that a prosecutor "is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law . . . ." Berger v. United States, 295 U. S. 78, 88. The responsibility of the prosecutor as a representative of the public surely encompasses a duty to protect the societal interest in an open trial. But this responsibility also requires him to be sensitive to the due process rights of a defendant to a fair trial. A fortiori, the trial judge has the same dual obligation. Gannett Co. v. DePasquale, 443 US 368 (1979) note 12.

       

      Fortiori defined: for a still stronger reason; even more certain; all the more.

       

      So the above became:

       

      Courts must recognize that they are a participant in a system of sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that a conviction be obtained, but that justice shall be done. Gannett Co. v. DePasquale, 443 US 368 (1979) note 12. This interest that justice be done is even stronger for a judge than it is for a prosecutor. Id. As such, a judge is in a peculiar and very definite sense the servant of the law. Id; see also Berger v. United States, 295 U. S. 78, 88. The responsibility of surely encompasses a duty to protect the societal interest in an open trial. Gannett Co. v. DePasquale, supra.    This responsibility requires him to be sensitive to the due process rights of a defendant to a fair trial. Id.

       

       

       

       

      Call me at: 720-675-7230

      On Skype: legalbear

      Best times to call: 8:30 am to 9:00 pm MST

      Join my Yahoo Group Tips & Tricks for Court by sending an email to:

      tips_and_tricks-subscribe@yahoogroups.com

      My blog: legalbearsblog.com

      Tax sites: IRSTerminator.com IRSLienThumper.com IRSLevyThumper.com

      (formatted like this so this email doesn't end up in your spam folder)