Prosecutors are the guardians of the criminal legal system. They decide if they prosecute and what to charge. Their harsh and discriminatory practices have driven an enormous expansion of imprisonment in response to social ills in recent decades. In criminal cases, prosecutors are responsible for representing not only the interests of society in general, but also those of victims of crime.
They also have obligations to other people, including people suspected of a crime and witnesses. Prosecutors are government officials responsible for investigating and prosecuting crimes. Prosecutors have nearly unlimited power to make the most important decisions in a criminal case from start to finish. The prosecution must develop policies and procedures to address such information and take measures that are consistent with applicable law and regulations and with the duty to seek justice.
Even if the law doesn't require it, the prosecutor should consider counseling a witness if the prosecutor reasonably believes that the witness can provide self-incriminating information and if the witness appears to be unaware of their rights. The prosecutor should not use a civil exemption to avoid a good-faith report of improper police actions, and the decision not to file criminal charges should be made on the merits and not for the purpose of obtaining a civil exemption. As for other adverse sentences (including the rare acquittal by a judge that is appealable), while the prosecutor can publicly express his respectful disagreement and his intention to seek legal options for review, the prosecutor should refrain from publicly criticizing any participant. B) The prosecutor can provide independent legal advice to law enforcement agencies on actions in specific criminal matters and on police practices in general.
(E) The prosecutor must be aware of the relevant laws and regulations on the rights of victims and facilitate the participation of victims in the sentencing process, as required or permitted by law. In addition, in seeking to accommodate legitimate concerns of confidentiality and security, the prosecutor must correct the prosecutor's statement of a material fact or of law that the prosecutor reasonably believes to be false, or later discovers that it was false, and must disclose one or more material facts when necessary to avoid facilitating a fraudulent or criminal act or to avoid misleading the judge or investigator. B) The prosecutor must know and comply with the laws and regulations of the jurisdiction in relation to victims and witnesses. If the prosecutor uses searches for records that are not available to the defense, such as criminal record databases, the prosecutor must share the results with the defense lawyer or request a judicial protection order.
F) The prosecutor should consider adopting a non-criminal provision, formal or informal, or of deferring prosecution or other distracting provision, when deciding whether to initiate or prosecute criminal charges. Prosecutors may exercise oversight of law enforcement personnel who participate, in particular, in prosecutions, when it is in the interest of justice and the public. C) The prosecutor must not make, cause it to be done, or authorize or condone the making of a public statement that the prosecutor knows or should reasonably know that it will have a substantial probability of materially harming criminal proceedings or of increasing the public conviction of the accused, but the prosecutor may make statements that inform the public of the nature and scope of the actions of the prosecutor or law enforcement agencies and have a legitimate law enforcement purpose. The services of the prosecution are, in fact, the main means available to society to punish criminal conduct and their interface with the judiciary.
A) When presenting a matter before a criminal grand jury, and in light of its ex parte nature, the prosecutor must respect the independence of the grand jury and must not take precedence over a grand jury function, mislead the grand jury, or abuse grand jury processes. The prosecution must be available to help the community address problems that lead to, or are the result of, criminal activities or perceived defects in the criminal justice system. .
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