Objective: Describe the investigator’s role in the prosecution of criminal offenses.
EXAMPLE: The textbook discusses the role of the prosecutor in the criminal justice system. Explain some of their duties (before trial) and why the authors refer to them as the most powerful official in the courts system. Include in the discussion some reasons why a case may not be prosecuted.
After an investigation is complete, the next step is presentation to the prosecutor’s office for review of the case. Orthmann and Hess (2013) refer to the prosecutor as the “gatekeeper of the court system” (p. 655). The prosecutors, and their assistants, have great power in that they are the deciders of the progression of a case. They take the information presented to them and decide if a person is going to be charged and if so, what the charges will be. Once the decision to charge is made, it is the prosecutor’s role to try the case within legal parameters.
There can sometimes be contention between investigators and prosecutions caused by varying opinions regarding the strength of a case. Investigators do need to realize that the standard to arrest, probable cause, is significantly less than what a prosecutor needs to prove in the courts (beyond a reasonable doubt). A prosecutor can decide not to prosecute if they find no legal grounds to charge an individual. The prosecutor can simply refuse to prosecute with little or no reason. If the prosecutor does not have the support of the complainant, and even sometimes the victim, they may opt not to pursue the matter. If for some reason the offender cannot be presented to the court, the prosecutor can decide not to prosecute. The prosecutor has a lot power and a lot of this power stems from their discretion during the review of the case.
State all the references you used to answer the question, including at least 2 references to
your textbook. For example,
Chapter 21 of the textbook (Orthmann, C. H. and Hess, K. M. (2013) Criminal Investigation (10th Ed.). Clifton Park, NY: Delmar/Cengage Learning.)
1. When submitting a report to the prosecutor for review of charges, it is important that it is complete. The textbook highlights all the required elements for a final report. Please list all required items and explain at least three of the elements. Also identify why you feel that all of the elements are important to a case.
State all the references you used to answer the question, including at least 2 references to your textbook.
2. There are many steps that a case goes through, from the initial investigation to the trial stage. Using the textbook, please list and explain each stage including all the different possibilities that could occur in the stages.
State all the references you used to answer the question, including at least 2 references to your textbook.
3. There are many matters that need to be addressed prior to the actual trial. The textbook lists a number of things that must occur to prepare a case for court. Please list and explain each issue that should be addressed.
State all the references you used to answer the question, including at least 2 references to your textbook.
4. There are many different steps in a criminal trial. Using the textbook please outline the steps of a criminal trial and explain what occurs at each stage.
State all the references you used to answer the question, including at least 2 references to your textbook.
5. Credibility is one of the most important character components of testimony. According to the textbook, jurors base credibility on a number of things. Identify at least three behaviors that can weaken a witness’s credibility and explain why you feel that these behaviors could do so. Identify and explain at three behaviors that can enhance a witness’s credibility and explain why you feel that these behaviors could help.
State all the references you used to answer the question, including at least 2 references to your textbook.