Essay on "Special Duties of Prosecutors"

Essay 4 pages (1119 words) Sources: 4

[EXCERPT] . . . .

The grand jury's purpose of protecting the innocent from inappropriate prosecution is called into question (Cassidy 2000). There needs to be reform in regards to the grand jury. The grand jury is an important tool that needs to be carefully administered. In situations where arrests have not been made and police officers are seeking to solve a crime, a grand jury is a valuable tool as it forces witnesses to appear and answer questions under the pains and penalties of perjury (Cassidy 2000). Despite the positive aspects of the grand jury, it does not help the defendant, who's legal and constitutional rights are being affected. A defense attorney's options are limited, he can hope for the case to be dismissed but the likelihood of that outcome is minimal. The other option available for a defense attorney is to strike a plea bargain with the prosecutor.

A defendant who believes that state cannot prove legal guilt can choose to stand trial. However, if the defendant decides to accept a plea deal, the Court assumes that the acceptance of the deal show guilt (Arenella 1980). The downside to this component is that it is assumed the defendant has received competent legal counsel. Arenella (1980) states "few courts have confronted the possibility that the realities of the criminal process may prevent defense counsel from giving minimally competent legal assistance." A defense attorney is supposed to be solely on the side of his client; however, this does not consider whether the defense attorney's relationship with prosecutors and judges leads them to a more cooperative stance, leaning on the side of the prosecutor and the state.

While the American legal system is supposed to be the epitome of the fair due process of law, there are areas severely in need of reform. While the defendant is innocent until proven guilty, the system seems geared to help the state prove the defendant guilty. Grand juries are routinely called rubber stamp committees, which overwhelmingly side with the prosecution. Defense attorneys cannot effectively advocate on behalf of their client during these proceedings. Also, there are racial and socio-economic implications to these grand juries. While the juries are made up of 23 citizens, it is not necessarily people from the same background as the defendant. This unaccounted aspect of grand juries may also negatively affect the outcome. There is also the relationship and competence factor that also affects a defendant's verdict. A defendant may receive poor advice and seek a plea bargain when if taken to trial, will be innocent of all charges. The defendant may also be unaware of his attorney's relationship with the prosecution. There are simply too many unaccounted for factors affecting "equal justice." These imbalances and shortcomings may be part of the reason why America's incarceration is one of the highest in the world (Drucker 2013). A system cannot be fair if too many factors are human based.

References:

Arenella Peter. (1979-1980). Reforming the Federal Grand Jury and the State Preliminary Hearing to Prevent Conviction without Adjudication. Mich. L. Rev. 78 507-509.

Cassidy, R., Michael. (1999-2000). Toward A More Independent Grand Jury: Recasting and Enforcing the Prosecutor's Duty to Disclose Exculpatory Evidence. Geo. J. Legal Ethics. 13 361-365

Drucker, E.M. (2013). A plague of prisons: The epidemiology of mass incarceration in America.

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