Reference no: EM131666349

The prosecutor within the American court system has many roles. One key characteristic of the prosecutor within each of these roles, however, is their broad discretion. Although the prosecutor may work in the courthouse, they are not part of the judicial branch of government. Rather they are part of the executive branch of government. This independence from the judiciary is vital for the proper functioning of the adversary system, since prosecutors at times challenge judicial decisions. Still, even though prosecutors may "formally and legally" have virtually unlimited discretion with regard to whether or not to charge a defendant with a crime, the reality is that prosecutors are not insulated from pressure exerted from politics, the media, and the public at large.

Prosecutors also enjoy absolute immunity (freedom from civil liability) for everything they do with regard to their role as a prosecutor. Such absolute immunity extends to all actions of the prosecutor, even those motivated by ill will or made in bad faith, including actions concerning the filing or declining to file criminal charges, plea bargaining, and presentencing arguments or evidence in court. Still, prosecutors have a number of specific ethical obligations in addition to the overarching prosecutorial duty to seek true justice, such as disclosing exculpatory evidence, avoiding conflicts of interest, and refraining from any behavior that would interfere with the fair administration of justice. This means that it is the duty of the prosecutor not only to see that guilty parties are punished (convicted), but equally to see that those who are not guilty are set free. The Ethical Duties of Prosecutors are discussed in the text. Listing various court cases representing key developments concerning ethical standards for prosecutors. Please select and profile one of the listed cases