Prosecutorial Function: Explained

The prosecutor plays a critically important role in the criminal legal system. According to the American Bar Association, the mission of the prosecutor is to “seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants..” The Pennsylvania Supreme Court adds that “prosecutors are administrators of justice. As the Commonwealth’s representatives, prosecutors are duty-bound to pursue equal and impartial justice and to serve the public interest. Their obligation is not merely to convict, but rather to seek justice within the bounds of the law. As an ‘administrator of justice,’ the prosecutor has the power to decide whether to initiate formal criminal proceedings, to select those criminal charges which will be filed against the accused, to negotiate plea bargains, to withdraw charges where appropriate, and, ultimately, to prosecute or dismiss charges at trial.”

Local prosecutors handle more than 95% of the nation’s criminal cases. In Pennsylvania, county-level District Attorneys are the chief local prosecutors. We often think of prosecutors and defense lawyers as a triangle on the same plane, with the judge poised above them: equal contest, level playing field, neutral arbiter, etc. That image is a mirage. Most of the time, prosecutors, more than judges, control the outcome. They answer to no one and make most of the key decisions in a case, from choosing whom to prosecute, to choosing which charges to prosecute, to determining the plea bargain. The prosecutor, more than any other player in the system, decides who gets a second chance, who will wear the life-long scarlet letter of a felony conviction, and who gets shipped off to prison. It is not an understatement to say that the District Attorney has breathtaking, unfettered power in the American legal system.