Prosecuting

Prosecuting is the act of initiating and carrying out criminal prosecutions on behalf of the state or public interest. It is typically performed by a public prosecutor, district attorney, crown prosecutor, or a similarly designated office, depending on the jurisdiction. Prosecutors are responsible for reviewing investigations, deciding whether to file charges, and, if charges are filed, directing the prosecution in court. They may also oversee other prosecutors, supervise investigations, negotiate pleas, and advise police and agencies on legal strategy.

Charging decisions are a central function of prosecuting. A prosecutor determines whether evidence supports the elements of a crime and whether pursuing charges serves the public interest. This involves evaluating the quality and relevance of the investigation, witness credibility, and potential legal challenges. In many systems the decision is separate from the trial, and charging standards vary by jurisdiction. The burden of proof for conviction remains with the prosecution at trial.

Process and conduct of the case typically proceed from investigation to charging (indictment or information) to arraignment, discovery, trial, and, if applicable, sentencing. Prosecutors are responsible for presenting evidence, making legal arguments, and ensuring proper adherence to procedural rules and constitutional rights. Plea negotiations are common as a means to resolve cases without a trial, often involving agreed-upon dispositions and sentencing recommendations.

Ethics, accountability, and oversight are integral to prosecuting. Prosecutors must avoid conflicts of interest, ensure fair treatment of defendants, disclose exculpatory evidence, and act within statutory and constitutional bounds. Variations exist across jurisdictions, including differences in the degree of independence of the prosecuting authority and the role of public prosecutors within the justice system.