When do you think the prosecutor's office should become involved in a case (pre-arrest or post-arrest)?
Do you think involvement by a prosecutor in the original stages of an investigation is a good idea?
Can a defense attorney ever become involved in a case prior to indictment or arrest?
When does a judge or magistrate's function begin? In addition, briefly discuss the sources of criminal law.
How does constitutional law affect the development of the criminal code?
What are common law crimes as opposed to actions criminalized by statute?
Since this is not my area of expertise, I searched Google under the key words "prosecutor function" to get these possible sources:
http://darwin.nap.edu/books/0309075610/html/1.html
(Broken Link Removed)
http://www.abanet.org/crimjust/standards/pfunc_blk.html#1.2
http://www.njlaws.com/prosecutor_not_advocate.htm
http://darwin.nap.edu/books/0309075610/html/29.html
I hope this helps. Thanks for asking.
When do you think the prosecutor's office should become involved in a case (prearrest or postarrest)?
* Do you think involvement by a prosecutor in the original stages of an investigation is a good idea?
* Can a defense attorney ever become involved in a case prior to indictment or arrest?
* When does a judge or magistrate's function begin? In addition, briefly discuss the sources of criminal law.
* What career options do you see in this case? Would you be interested in one or several career options? Why?
When determining the involvement of the prosecutor's office in a case, whether it should be pre-arrest or post-arrest depends on the jurisdiction and the specific circumstances of the case. In some jurisdictions, prosecutors may become involved in cases pre-arrest if they believe there is enough evidence to warrant criminal charges. This can be done through the issuance of arrest warrants or by directly filing charges against the accused.
On the other hand, in many jurisdictions, prosecutors typically become involved in a case after the arrest has been made. This allows them to review the evidence gathered by law enforcement agencies and make a decision on whether to file formal charges. During this stage, prosecutors may interview witnesses, consult with law enforcement officers, and gather additional evidence if needed.
As for the involvement of prosecutors in the original stages of an investigation, opinions may vary. Some argue that early involvement can ensure a smoother and more efficient prosecution, while others express concerns about potential bias and the role of the prosecutor as an investigator rather than a neutral arbiter. Ultimately, the decision on when to involve prosecutors in the initial stages of an investigation depends on the jurisdiction's legal system and the policies in place.
Regarding the involvement of defense attorneys before indictment or arrest, it is common for defense attorneys to become involved in a case early on. They can provide legal advice and representation to individuals who are subject to investigation. Defense attorneys may assist their clients in navigating the legal process, protect their rights, and potentially negotiate with the prosecutor's office. However, the extent of involvement may vary depending on the jurisdiction and the specific circumstances of the case.
The function of a judge or magistrate begins at various points in the criminal justice process. In the pre-arrest stage, judges or magistrates may be involved in issuing search warrants or arrest warrants based on probable cause presented by law enforcement agencies. During the trial stage, judges have the responsibility of ensuring that both the prosecution and defense follow proper procedures, and they make rulings on evidentiary issues and legal matters. Magistrates also have the authority to conduct preliminary hearings to determine whether there is enough evidence to proceed to trial.
The sources of criminal law can vary depending on the jurisdiction. In general, criminal law is derived from a combination of legislation (statutory law) and judicial precedent (common law). Statutory law refers to laws passed by legislative bodies such as Congress or state legislatures. This includes criminal codes that define offenses and specify punishments. Common law, on the other hand, refers to legal principles and rules that have been developed and refined by courts through their decisions in previous cases. These precedents help guide judges in interpreting and applying the law.
Constitutional law plays a crucial role in the development of the criminal code. The constitution sets out the fundamental rights and protections afforded to individuals, and criminal laws must comply with these constitutional requirements. For example, the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, which affects how the police can gather evidence in criminal investigations. The Fifth Amendment guarantees due process rights, including the right against self-incrimination. Constitutional challenges can shape the interpretation and application of criminal laws, ensuring that they are consistent with constitutional principles.
Common law crimes, also known as judge-made crimes, are offenses that have been developed and recognized through the decisions of courts over time. These offenses are not specifically defined by statute but are based on common law principles and precedents. Common law crimes cover a broad range of offenses, such as burglary, assault, and manslaughter. In contrast, actions criminalized by statute are offenses that have been explicitly defined and prohibited by legislative bodies. These offenses are typically codified in criminal codes and can encompass a wide variety of activities, ranging from drug possession to fraud.
I hope this explanation helps clarify the questions you asked.