What does a prosecutor do?

What is a Prosecutor?

Prosecutors are lawyers who represent the government or the state in criminal cases. Their primary role is to present evidence in court to prove that the accused individual or entity is guilty of committing a crime. They work to ensure that cases are handled fairly and ethically, that laws are upheld, and that the rights of victims and society are protected.

The role of the prosecutor is not to seek conviction at any cost, but to put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of an accused, who is presumed innocent until proven guilty beyond a reasonable doubt. Their ultimate goal is justice, not merely winning a case.

What does a Prosecutor do?

Duties and Responsibilities
The work of a prosecutor requires balancing the pursuit of justice with integrity. Here’s a summary of their duties and responsibilities:

• Reviewing Evidence: Prosecutors examine evidence provided by law enforcement to determine whether it is sufficient to file criminal charges. They assess witness statements, police reports, and forensic evidence to build a case.
• Filing Charges: Based on their review of the evidence, prosecutors decide what criminal charges, if any, to bring against an individual. They must ensure the charges align with the law and the evidence presented.
• Representing the Government in Court: Prosecutors act on behalf of the state or government in criminal cases. They present evidence, question witnesses, and argue the case in court to prove the defendant's guilt beyond a reasonable doubt.
• Negotiating Plea Deals: Prosecutors may negotiate plea agreements with defense attorneys, where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence or avoiding trial.
• Preparing for Trial: Prosecutors gather and organize evidence, interview witnesses, and develop legal arguments to present during the trial. They also prepare opening and closing statements to deliver to the court.
• Ensuring Justice: Prosecutors have a duty to seek justice, not just convictions. This means acting fairly, disclosing exculpatory evidence (evidence that may benefit the defendant), and upholding the defendant’s rights.
• Advising Law Enforcement: Prosecutors work closely with police and investigators, offering legal advice on obtaining evidence, following procedures, and handling legal matters related to criminal investigations.
• Presenting Appeals: In some cases, prosecutors handle appeals to challenge a decision or defend a prior conviction in higher courts.
• Communicating with Victims: Prosecutors often interact with crime victims, explaining the legal process, gathering testimony, and ensuring victims' voices are heard in court proceedings.
• Upholding Ethical Standards: Prosecutors are held to high ethical standards and must ensure their actions are fair, legal, and in line with their role as representatives of justice.

Types of Prosecutors
Now that we have a sense of the prosecutor’s work, let’s look at some different types of these lawyers, each with specific responsibilities depending on the jurisdiction and level of government they serve:

District / State Prosecutors

• District Attorneys (DAs) – Represent the state or local government in prosecuting criminal cases within a specific district or county
• Assistant District Attorneys (ADAs) – Work under the District Attorney to handle specific cases
• State Attorneys / Prosecutors – Handle cases at the state level, often focusing on serious crimes like felonies

Federal Prosecutors

• US Attorneys – Represent the federal government in prosecuting federal crimes, such as drug trafficking, terrorism, or white-collar crimes
• Assistant US Attorneys (AUSAs) – Assist US Attorneys with casework in federal courts

Special Prosecutors

• Appointed to handle cases where there might be a conflict of interest for regular prosecutors, such as investigations involving public officials or sensitive, high-profile cases

Military Prosecutors

• Represent the government in courts-martial and other military legal proceedings, handling cases involving members of the armed forces

International Prosecutors

• Work for international courts, such as the International Criminal Court (ICC), to prosecute crimes like genocide, war crimes, and crimes against humanity

Juvenile Prosecutors

• Focus on cases involving minors, often in juvenile courts, with an emphasis on rehabilitation alongside accountability
• Handle issues like delinquency, truancy, and status offenses

Tribal Prosecutors

• Handle cases within Native American tribal jurisdictions, addressing crimes under tribal law and, in some cases, federal law

Appellate Prosecutors

• Focus on appeals, representing the government in appellate courts to uphold or challenge decisions made in lower courts

Municipal / City Prosecutors

• Handle local ordinance violations and misdemeanor cases in municipal or city courts

In addition to the broader roles and categories described above, prosecutors may also specialize in particular types of crimes or legal issues:

Homicide / Violent Crimes Prosecutors

• Handle cases involving murder, assault, robbery, and other violent offenses
• Often involve complex investigations and collaboration with forensic experts

Sexual Offenses and Domestic Violence Prosecutors

• Focus on cases involving sexual assault, harassment, child abuse, and domestic violence
• Work closely with victims, advocacy groups, and specialized investigators

Drug Crimes Prosecutors

• Prosecute cases related to the possession, trafficking, or manufacturing of illegal drugs
• May involve large-scale investigations into drug cartels or local dealers

White-Collar Crimes Prosecutors

• Deal with financial crimes such as fraud, embezzlement, insider trading, and money laundering
• Require expertise in financial regulations and forensic accounting

Cybercrime Prosecutors

• Specialize in crimes involving technology, such as hacking, identity theft, or online exploitation
• Work with cybersecurity experts and digital forensics

Organized Crime Prosecutors

• Handle cases involving gangs, mafias, or other criminal enterprises
• Often involve long-term investigations and coordination with multiple law enforcement agencies

Human Trafficking Prosecutors

• Focus on crimes involving forced labor, sex trafficking, or exploitation of vulnerable individuals
• Work with victim support services to aid recovery and cooperation in prosecutions

Terrorism and National Security Prosecutors

• Handle cases related to terrorism, espionage, and threats to national security
• Often work with federal agencies like the FBI or Homeland Security

Fraud and Economic Crimes Prosecutors

• Focus on crimes involving identity theft, tax evasion, credit card fraud, and insurance fraud

Public Integrity Prosecutors

• Investigate and prosecute corruption, misconduct, and abuse of power by public officials
• Aim to maintain trust in governmental institutions

Child Protection Prosecutors

• Handle cases involving the abuse, neglect, or exploitation of children
• Work closely with child welfare agencies and psychologists

Gang Crimes Prosecutors

• Focus on crimes involving gang activity, such as drug trafficking, gun violence, and organized crime

Environmental Crimes Prosecutors

• Prosecute violations of environmental laws, including illegal dumping, pollution, and wildlife trafficking
• Require knowledge of environmental regulations and conservation laws

Traffic and Misdemeanor Prosecutors

• Specialize in prosecuting lesser offenses such as traffic violations, DUIs, and minor criminal charges

What is the workplace of a Prosecutor like?

Prosecutors are largely employed by government entities:

• County or local governments
• City governments
• State governments
• Federal government / Department of Justice (DOJ)
• Native American tribal governments
• International courts or United Nations tribunals

In all cases, prosecutors act as representatives of the public or the government and are paid through public funds.

Here’s what a prosecutor’s workplace is typically like:

• Prosecutors’ offices are usually located in municipal, county, state, or federal buildings.
• Prosecutors use computers, legal databases, case management software, and research tools to review evidence, conduct legal research, prepare for trials, and track case progress.
• Prosecutors regularly appear in court to represent the government in criminal cases. The courtroom is a formal setting, requiring prosecutors to maintain professionalism and adhere to strict rules of procedure. They must be skilled in oral advocacy and legal argumentation.
• Prosecutors often meet with police and investigators at police stations or crime scenes.
• In cases involving forensic evidence prosecutors may visit or consult with forensic labs to understand the scientific evidence and how it can support or challenge the case.
• Prosecutors often work under pressure to meet legal deadlines, prepare for trials, and keep up with caseloads.
• Prosecutors deal with sensitive and sometimes disturbing cases, including violent crimes, child abuse, and emotional trauma, which can create a high-stress environment. They must balance their professional responsibilities with the emotional demands of the job.
• For prosecutors working in large jurisdictions or handling cases in multiple locations, travel between different courthouses may be common.
• In certain cases, prosecutors may need to travel to gather evidence, meet with witnesses, or participate in investigations.