Function, Process and Challenges Of Prosecution
A prosecution function involves multiple participants and multiple processes. Prosecution Authority, criminal defense lawyer, police, investigative agencies, victims, expert, Grand Jury and lastly media which has no direct role with legal aspects of prosecution function. All these participant interact with each other in multiple ways. It is a difficult and complex task to understand the whole prosecution function. To know it better it is advisable to hire a firm with relevant experience in dealing with the different types of client. Here, our attempt is to discuss different aspects of a prosecution function..
The judiciary is a balancing institution. The notion of justice gets its meaning when it is delivered by following a stringent methods to reach the conclusion. The prosecution function is contingent upon multiple factors. These factors are not typical to every prosecution but are capable of making a difference to the usual process in each prosecution.
A prosecutor who holds the office has the duty to seek justice and not merely convict, to perform this it is essential that office bearer exercise the power of discretion. Avoiding any conflict of interest and biases is what the prerequisite for serving the purpose of the law. An informed defense lawyer must highlight to the higher authority if their is any possibility of biases or conflict of interest for a prosecutor. The authority to prosecute is vested in local authority according to their defined area categorised into country,city or district.
To broadly highlight the steps involved in a prosecution function following would be the general steps as highlighted on the website of the Florida office of the attorney genera. The process begins with filing a complaint; then a document is issued known as information and next an indictment is filed by a grand jury. After it, a preliminary hearing takes place and if judge finds that there is a cause to believe that crime has been committed the judge orders to detain the defendant, once the defendant is detained the defendant can apply for bail or bond hearing depending on the peculiarities of the alleged committed crime.Afterwards, if the defendant has pleaded for no guilty in arraignment than court sits for trial.Hearing takes place on a regular basis, and evidence are provided from both sides to prove their case strongly. All these are major steps of any prosecution process some other s are subpoena, opening statements, the burden of proof, pre-sentence investigation and closing arguments.
To keep an eye on these dimensions of prosecution function and process is a challenging task. It would be convenient. An experienced law firm works with a task force that can control and take appropriate measures to deal with the tiring and long procedural aspects of prosecution. With the involvement of a large number of people in any case, their are high chances of mismanagement of facts. Along with all other challenges, the requirement of interacting with multiple actors and keeping oneself on the track without being deceived or getting deviated is demanding task. A firm with expertise in managing and working team of defense lawyer can perform all the task within a necessary legal framework and simultaneously fulfilling the demands.