Written by attorneys · grounded in primary & secondary sources — see below
An attorney authorized by law to represent the government in initiating and conducting criminal prosecutions and related proceedings.
Sources & Authorities
How it applies
Common Examples
6
Rebuttal of Victim Character Evidence
Priscilla Parks stands trial for assaulting Parker Phillips. Defense counsel introduces testimony that Parker Phillips has a reputation for starting fights. The prosecutor responds by calling two witnesses who testify that Parker Phillips maintains a peaceful reputation in the community.
Batson Challenge to Peremptory Strikes
During jury selection in Phoebe Park's robbery trial, the prosecutor strikes three Black venire members. Defense counsel makes a prima facie showing of racial discrimination. The prosecutor must then provide race-neutral reasons for the strikes, after which the court determines whether purposeful discrimination occurred.
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Cases
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
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Course Outlines
Study Supplements
Piper Patel reports an alleged theft to police. After reviewing the evidence, the prosecutor concludes that probable cause does not exist to support the charge. The prosecutor therefore declines to file any complaint against the suspect.
Victim Peacefulness in Homicide Case
Pierre Poulin is charged with murdering Paul Peterson. The defense presents evidence that Paul Peterson was the first aggressor. The prosecutor offers testimony from coworkers that Paul Peterson had a reputation for being peaceful and nonviolent.
Judicial Appointment of Special Prosecutor
A judicial council appoints a special prosecutor to investigate misconduct by a single government employee. The special prosecutor's duties are narrowly limited to that investigation and subject to removal only for cause. The appointment is upheld because the role qualifies as an inferior officer.
Disclosure of Exculpatory Information
Peak Performance faces fraud charges. The prosecutor learns that a key government witness has recanted prior statements implicating the company. The prosecutor promptly discloses the recantation to defense counsel before trial.
Common questions
Frequently Asked
5
When may a prosecutor introduce evidence of a homicide victim's peaceful character?+
In a homicide prosecution, once the defense offers evidence that the victim was the first aggressor, the prosecutor may introduce evidence of the victim's trait of peacefulness to rebut that claim.
Supporting sources
What must a prosecutor do when a defendant raises a Batson challenge to peremptory strikes?+
After a defendant makes a prima facie showing that peremptory challenges were exercised on racial grounds, the burden shifts to the prosecutor to articulate a race-neutral explanation. The trial court then determines whether the defendant has proven purposeful discrimination.
Supporting sources
What ethical obligation does a prosecutor have before filing charges?+
A prosecutor must refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.
Supporting sources
What disclosure duty does a prosecutor owe the defense under professional conduct rules?+
A prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.
Supporting sources
May Congress authorize judicial appointment of a special prosecutor with limited duties?+
Yes. A special prosecutor whose duties are narrowly focused on investigating a limited range of persons and subjects qualifies as an inferior officer, allowing Congress to vest the appointment in the judiciary.
Supporting sources
431 U.S. 494, 503 (1977)Property
…inequity wherever it surfaces. It is not for us to rewrite the ordinance, or substitute our judgment for the discretion of the prosecutor who elected to initiate this litigation.[^maj-10] In this connection the variance provisions of East Cleveland's Building Code assume special significance, for they show that the city…