Judge, Prosecutor and Defense Attorney

Robert Hansen

November 16th, 2016

Legal Aspects

Judge, Prosecutor and Defense Attorney

Judge

        A judge is one of the most highly respected positions in the criminal justice system. Judges are referred to as “The Honorable or Your Honor” because of the position they hold. Your Honor was a formal address for anyone with a title. This habit just became formalized over the years for judges. Judges play many roles. “They interpret the law, review the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision makers which means they have final say in the verdict of the court. We have what is known as an adversarial system of justice, adversarial system of justice” ("judge", 2016). Which ensures that evidence and legal arguments will be fully and forcefully presented. The judge, however, remains above the fray, providing an independent and impartial assessment of the facts and how the law applies to those facts.

There are several different types of judges in the United States. The positions are held at the federal and state level. For example, a U.S. Supreme Court judge sits on a bench of eight other judges known as justices with a chief justices who presides over the others. This is the highest ranking judge in the United States. Appeals Court Judges hear any discrepancy regarding law over the facts of a case. There are also U.S. District court judges. Each state has at least one district court judge but some states have more, like California which has four. District courts are courts of original jurisdiction or better known as trial court. This is where most criminal and civil cases begin.  Superior court judges have general jurisdiction in the state court system. These judges deal with mostly civil and criminal cases as well with a sitting jury who decide upon the facts of a case.  

If the defendant is convicted of a crime, the judge passes sentence, imposing a penalty that can range from a fine to a prison term depending on the severity of the offence. In civil cases the judge decides whether a claim or motion is granted and assesses damages in cases such as car accidents, and property damage, or also may order some other form of settlement to the plaintiff ("judge", 2016).

They should be knowledgeable about the law, willing to use their knowledge of law and interpretation, and understanding of it and able to write decisions that are clear and understandable to citizens with average intelligence. Their judgment should be sound and they should be able to make informed decisions that will stand up against opposing parties and the media. Judges should be fair and open-minded, and should appear to be fair and open-minded. They should be good listeners but should be able, when required, to ask questions that get to the heart of the issue before the court. They should be courteous in the courtroom but firm when it is necessary to rein in a rambling lawyer, a disrespectful disorderly or an obscene spectator. Judges must make unbiased decisions and be able to explain and support their holdings.

Despite their independence, judges are accountable for their actions and decisions. Hearings, trials and rulings are open to public including the media, so justice is seen to be done and citizens and the media can discuss and criticize the work of the courts. A judge's ruling can be appealed to a higher court and, if an error has been made, a new trial will be ordered or the decision will be corrected.

Prosecutor

        When a crime is committed, after the individual has been arrested and booked someone's responsible for making sure that he's "prosecuted," or punished for breaking the law. That person is commonly known as a prosecutor. In the state court systems, you may hear names county attorney, prosecuting attorney, state's attorney and assistant district attorney. When it comes to federal crimes, you'll hear the names U.S. attorney or assistant U.S. attorney. By the title alone one will know a prospectors job description, which is to prosecute criminal offenders for breaking the law.  

When it comes to deciding if a person will be prosecuted for committing a federal crime, a federal prosecutor usually has to get a grand jury indictment. This is when a group of 23 citizens are sworn in by court and they listen to and look at the evidence against the person accused of a crime. It's their job to determine whether the federal government's evidence establishes probable cause to believe that the person being accused actually committed the crime. Probable cause means that the evidence is strong enough to convince a reasonable person that the accused is probably guilty of the crime ("Prosecution Function, Criminal Justice Section", 2016).

If 12 or more members of the grand jury find that the evidence is sufficient, it will indict the accused and he'll be charged formally with a crime. If not, the accused, generally, will be released. In most states, grand juries aren't used, although a few states use them. Most states use complaints to charge someone with committing a crime ("Prosecution Function | Criminal Justice Section", 2016).

The police investigate a crime, and, if in the course of that investigation they find a suspect and evidence tending to show that he committed the crime, they present that evidence to the prosecutor. The prosecutor looks at the evidence to see if there's enough evidence to justify bringing the suspect to trial. If there's enough evidence, the prosecutor will prepare a complaint, which officially lets a defendant know the charges against and the specific crime they are suspected of committing. If there's not enough evidence, the prosecutor will either make sure the accused is released, or may ask the police to gather more evidence

Another way a state prosecutor may decide to file formal charges is when a citizen reports a crime directly to the prosecutor. The prosecutor will look at the witness's statement and any other evidence of the crime, and perhaps ask the police to investigate the crime. If he thinks a crime has been committed, the prosecutor may file a formal complaint against the suspect. At both the federal and state levels, the prosecutor has the discretion to decide if a person will stand trial. At the federal level, if the prosecutor doesn't think there's enough evidence against someone or that he probably won't be convicted, he doesn't have to let a grand jury look at the case ("Prosecution Function, Criminal Justice Section", 2016). With great similarity a state prosecutor doesn't have to file a complaint when there's not enough evidence.