Prosecution

Prosecution is the legal process of charging and trying individuals or entities accused of committing crimes. In criminal law, it is typically conducted by government prosecutors on behalf of the state; in civil contexts, similar processes may pursue penalties or remedies though the terminology differs. The objective is to determine and enforce accountability under the law while protecting the rights of the accused.

Roles and actors: Prosecutors decide what charges to bring, present evidence at trial, negotiate settlements, and seek appropriate penalties if a conviction occurs. They work with police and other investigative agencies, and in some jurisdictions may rely on grand juries or magistrates to issue indictments.

Procedural framework: Prosecution follows investigations, charging decisions, and formal pleadings such as indictments or informations. Cases proceed through arraignment, pretrial motions, trial, verdict, and sentencing. Plea bargaining is common, and diversion programs may divert defendants from trial for rehabilitation or alternative sanctions.

Standards and rights: Criminal prosecutions require proof beyond a reasonable doubt. Defendants have constitutional protections, including due process, the right to counsel, and access to exculpatory evidence. Prosecutors must comply with rules of procedure and ethical duties, including avoiding conflicts of interest and disclosing favorable evidence (Brady obligations).

Oversight and controversies: Prosecutorial discretion shapes charging decisions, plea offers, and dismissals (nolle prosequi). Prosecutorial misconduct, conflicts of interest, and systemic issues such as over-criminalization or wrongful convictions raise concerns. Mechanisms include appellate review, professional ethics rules, and independent oversight bodies.

Global and comparative aspects: Prosecution structures vary; most countries have state or national prosecutors. International prosecutions occur in international tribunals or courts for crimes under international law, while some jurisdictions separate civil or administrative enforcement from criminal prosecutions.