Role of the Prosecutor, Judge, Defense Attorney

Becky Davis

Introduction to the Criminal Courts

September 27, 2013

Role of the Prosecutor

The purpose of this paper is to discuss the options that are available to the prosecutor and the Judge, moreover their roles during Voir Dire. This paper will also discuss how the Fifth and the Sixth Amendment, as well as the Gideon v. Wainwright (1963) and the Miranda v. Arizona (1966) cases that applies to the defendant in the robbery cases fact pattern. Sally Deal the grocery clerk told police that an armed man came into the local grocery store and demanded her to give him the money. Jim Logan the grocery stocker gave police a description of the “get away” car that he saw parked in the back of the store. Jim Lawbreaker confessed to waiting outside in the “get away” car while Slick Martin robbed the grocery store. Lawbreaker wants to make a deal to testify against Martin. Martin denies knowing anything about the robbery and asked for a lawyer.

The felony packet was presented to Joe Justice the county prosecutor. However, the DNA, fingerprints, and the tread impressions analysis are not completed at the time the packet was summited. Justice has a couple of options available. He could wait for the analysis of the physical evidence to be completed and charge both Jim Lawbreaker and Slick Martin with the aggravated robbery and use the eyewitness testimony along with the physical evidence collected at the scene to get a conviction (Lawriter, 1997). Justice also has the option to make a deal with Lawbreaker, by giving him a lesser charge of robbery with the minimal sentence of two years in exchange for his testimony against Martin (Lawriter, 1996). Justice will then have the accomplice testimony and the eyewitness testimony to present to the Grand Jury in order to get an indictment of charges against Martin. By Martin requesting a lawyer he invoked his Miranda Rights. The Miranda Rights correspond with the Fifth Amendment right. Which covers the protection against...