Prosecutors play a significant role in the administration of criminal justice and therefore their conduct affects the interests of justice directly. They have an official duty to conduct criminal proceedings on behalf of the state or people who accuse others of having committed criminal offenses. A prosecutor has the discretionary power to charge a person or an entity which have a great effect on the liberties and lives of the affected. Government officials initiate criminal prosecutions since criminal offenses are against the state. In the interest of justice, there has been a concern that if prosecutors were not committed to a case, there was a delay of criminal charges which meant delayed justice which is justice denied.
Prosecutors are bound to act in the best interest of their clients. However, their duty should not override the “interests of justice”. During litigation, some lawyers advance the case of their clients going beyond the interests of justice. A prosecutor does not act on behalf of an individual but rather in the interest of the society and for that reason, they are referred to as “Ministers of Justice.” His role is to achieve justice and not just conviction. In their practice, prosecutors may play foul and hence sacrificing justice so that they can achieve professional success.
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Although prosecutors can be punished if they are liable for misconduct by being reprimanded or barred from practicing law, the injustice caused to the victim may never be paid. For example, the incidence of Duke Lacrosse rape case presided over by Durham’s District Attorney (DA) Mike Nifong, worked against the interest of justice for the defendants. As the DA, Nifong colluded with the local police to lie and make inflammatory remarks about the indicted players who were innocent. He used methods that were not procedural like denying the defense attorney DNA evidence so that he could subvert justice. The damage caused and psychological torture the defendant went through due to foul play by the prosecutor will take long to heal and may never be paid.
