Did you Know? A prosecutors job is to seek justice. Sometimes winning is secondary.
Prosecutors play a special role within our justice system. While all other attorneys are expected to be zealous advocates who fight tooth and nail within the bounds of the law for their clients, prosecutors are expected to “seek justice” and exercise restraint—not just seek convictions. Here’s what that means.
First, and most importantly, a prosecutor is prohibited from prosecuting someone he or she believes to be innocent. Regardless of what the police, victims and witnesses say, if the prosecutor subjectively believes in a defendant’s innocence, he must either not charge or dismiss the case. This is true even after a conviction has already occurred. If new evidence, such as DNA evidence, turns up after a conviction, the prosecutor is bound to take measures to correct the wrongful conviction.
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