The Role of the Prosecutor in the United States

Introduction 

The prosecutor in the United States plays a key role in the criminal justice system. The prosecutor works as a representative of the state in all the matters that are related to the adjudication of the criminal offenses. The prosecutor comes to the courtrooms to represent the state on the matters related to crime and is involved in the legal decision making ( Davis, 2013 ). The function of the prosecutor is usually organized differently at the various levels of local and federal. In some states, the media as well as the public display the prosecutor as a figure advocating for equal access to justice for all the citizens ( Starr & Rehavi, 2013 ). The chief prosecutor has the authority and control over the prosecution policies as well as practices within their jurisdiction even while role remains restricted within the outlines of the criminal justice statute. 

Review of Literature 

In all the legal traditions, prosecutors hold a key position within the criminal justice system with considerable powers and responsibility. Without the prosecutor, upholding the rule of law and protecting the rights of the people may not effectively take place ( Wright&Miller, 2010 ). Many people view the prosecutor role as an essential figure in protecting the society from the culture of impunity and functions as a gatekeeper to the judiciary. The prosecutor in the United States performs many functions including representing the government in the courtrooms, executing the law and upholding the constitutions for both the federal and state ( Scharf, 2017 ). Media remains at the central point when it comes to the way public view the role of the prosecutor. There work is viewed as an essential part of the state within the criminal justice system and that which is necessary to ensure that the law is maintained ( Tonry, 2012 ). 

The key focus in the role of the prosecutor has been on the way they perform their duty. Transparency and consistency with the lawful authority remain key to successful delivery of the services by the prosecutors ( Wilson, 2017 ). Always viewed as an essential element within the criminal justice system, the prosecutor is expected to work with sufficient independence and autonomy while making their decisions and should not get any outside pressure or interference ( Barzilai, 2010 ). There is a high expectation from the members of the public on the role of the prosecutor, and this expectation restores upon them an obligation to fulfil. The independence of the prosecutorial decision-making is recognized as being necessary to ensure the prosecutors effectively fulfil their duty. The public perception of the role of the prosecutor depends on the confidence that they have on the criminal justice system and the ability to ensure fairness for all citizens ( Worrall & Nugent-Borakove , 2014). The media remain at the forefront in determining the way the public form their perception about the role of the prosecutor and the notion of fairness. 

The prosecutor has the responsibility under jurisdiction to prosecute the criminal cases brought by the federal government, to prosecute and defend the civil cases and to collect the debt owed to the federal government ( Fairfax, 2012 ). These powers of the prosecutor arise from the statute, the case law and the procedures. Some of the major activities include reviewing charges that have been brought against any individual arrested by the police, making a decision whether to charge an individual with an offense and the kind of offense and to decide whether to reduce the seriousness of a charge ( Christian, 2010 ). The public view of these roles is greatly influenced by what the media display, whether positive or negative. Research has shown that when the defendants, litigants and the other participants in the court, as well as members of the public, perceive a prosecution process to be fair, they are more likely to have faith in it regardless of whether they win or lose the cases ( Edkins, 2011 ). Prosecutors handle many cases, and their potential influence upon public perception of the justice system is usually higher. The way the prosecutor handles the cases they and how well they follow the law while making their prosecution determines the way public form their perception concerning fairness ( Vance, 2013 ). There is a need for the prosecutors to recognize the importance of giving the citizens a voice, dignity, respect and most importantly, demonstrating neutrality ( Bensouda, 2012 ). These are what help the public build a positive perception about the prosecutors and their ability to uphold the rule of law and fairness ( Shapiro, 2013 ). Media leads in covering most of the criminal proceedings and informing the public about the justice system. Media inform the public about the significance of certain issues within the criminal justice system and how to form their perception about such issues. 

Research Methodology 

Data Collection 

The study adopted a random collection of the samples of newsprint media published in the United States for a two-year period beginning April 2010 to March 2012. All the major newsprints for these years were reviewed and the reports on how they depict the role of the prosecutor recorded. In the database of the newspapers, a search was made using the words “role of the prosecutor in the United States” to help find and understand how the several newsprints might have recorded the information about the role of the prosecutor. A total of 1322 articles were retrieved and a sample of 200 articles taken for review. 

Data Analysis 

Content analysis was done on each of the 200 articles in the sample search. This was necessary as it provides a clear understanding of the way different articles covered the role of the prosecutor in the United States and how they form public perception. The analysis involved reading the article and determining its relevance for the study. A report was then made depending on how each of the articles covered the role of the prosecutor. In the analysis, records were made either as negative, positive or neutral depending on how the coverage was done. The positive record reflected the way media depicted the prosecutor in a good way, negative in a bad way and neutral on a fair basis. 

Findings 

The findings showed that majority of the newsprints covered the role of the prosecutor in a negative way. 55% of the articles, representing 110 of those sampled depicted the prosecutor negatively in its coverage. A total of 45 articles from the sample representing 22.5% provided positive coverage, and the remaining 45 articles gave a neutral depiction. From the negative depiction, the major themes that emerged were mainly on the issue of independence of the prosecutor and fairness in the prosecution process. An analysis of a few cases showed that media coverage on the way the prosecutor handled the case was not fair. In some cases, incidences of lack of independence were raised. The ability of the prosecutor to work without the interference of an external party was doubted in the coverage. In one criminal case record of 2011, the media coverage showed that the prosecutor unfairly prosecuted an offender over what seemed to be lack of justice. On the neutral coverage, the media gave a fair view of the prosecution, and on the positive coverage, the prosecution was covered as being fair and independent. 

Discussion 

More than 75% of Americans rely on media for their information and current matters of the nation. One of the major sources of the media news is the newspapers. Therefore, the way the newspapers make their coverage tend to influence the perception of people about a particular issue. According to Levine (2010 ), 55% of the newspapers depict the prosecution negatively and the chances that the people who relied on that news for their information having a negative perception are high. With many articles depicting prosecution and the role of the prosecutor to lack independence and fairness, the public is influenced by that coverage to hold the same view. Certainly, the view of fairness and independence of the prosecutor is not a new topic in the United States ( Witmer-Rich, 2016 ). Many people have been concerned about the ability of the prosecutors to function independently and fairly represent the rights of the citizens. While some people feel that there are fairness and independence in the prosecution process, a large number hold a negative view ( Levine, 2010 ). This happens especially when an individual is not satisfied with the way a certain case was done and the role the prosecutor played in either the success or failure in the case. 

Conclusion 

Media have remained to play a key role in informing the public about the events of the nation. They play a key role in influencing public perception about specific issues. The role of the prosecutor and the prosecution system has severally come under scrutiny since the 1980s ( McConville, Sanders & Leng, 2017 ). While some people view the prosecution process as being unfair and lacking independence, some have faith in the whole process ( Vidmar, 2011 ). However, the media is at the central point in influencing the way people view the role of the prosecutor and the whole prosecution process. 

References 

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