The prosecutor presents the government's case first, delivering the opening statement, examining witnesses, and introducing physical and testimonial evidence. Prosecutors exercise significant discretion in charging decisions, plea negotiations, and sentencing recommendations. During trial, the prosecutor must avoid inflammatory rhetoric, vouching for witnesses, or commenting on the defendant's silence. The prosecutor also has a continuing obligation to disclose any material exculpatory or impeachment evidence to the defense throughout the proceedings.
Prosecutor: "The evidence will show beyond a reasonable doubt that the defendant committed first-degree murder on the night of March 15th."
Judge: "Counsel for the prosecution, do you have additional witnesses to call?"
Prosecutor: "The People rest, Your Honor."
Students often confuse the prosecutor's role with that of a plaintiff's attorney. Unlike civil plaintiff's counsel, prosecutors have heightened ethical duties and represent the public interest, not a private party seeking damages.
Brady v. Maryland, 373 U.S. 83 (1963)
Required prosecutors to disclose material exculpatory evidence to the defense; suppression violates due process regardless of good or bad faith.
Berger v. United States, 295 U.S. 78 (1935)
Articulated the prosecutor's obligation to seek justice rather than merely win, stating the interest is that justice shall be done.
United States v. Armstrong, 517 U.S. 456 (1996)
Established the high burden for selective prosecution claims, demonstrating the breadth of prosecutorial discretion.
| Prosecutor | Defense Attorney |
|---|---|
| Represents the state or federal government | Represents the individual accused |
| Duty to seek justice and disclose evidence | Duty of zealous advocacy for the client |
| Decides what charges to bring | Challenges the sufficiency of charges |
| Bears the burden of proof | Has no burden; may remain silent |
| Has state investigative resources | Relies on independent investigation |
| Must disclose exculpatory evidence | No obligation to help the prosecution |
What ethical obligations does a prosecutor have beyond winning cases?
Prosecutors must seek justice, not merely convictions. Under Model Rule 3.8 and Brady v. Maryland, they must disclose exculpatory evidence and refrain from prosecuting charges not supported by probable cause.
How does prosecutorial discretion work?
Prosecutorial discretion is the broad authority to decide whether to bring charges, what charges to file, and whether to offer plea deals. This discretion is largely unreviewable by courts.
What is the difference between a federal prosecutor and a state prosecutor?
Federal prosecutors (AUSAs) are appointed by the AG and handle federal law violations. State prosecutors (DAs) are typically elected and handle state criminal law. Jurisdiction depends on whether the offense violates federal or state statutes.
The defendant is the party against whom a lawsuit or criminal charge is brought. In civil cases, the...
The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant...
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
The verdict is the formal decision or finding made by a jury (or judge in a bench trial) on the fact...
