(December 5, 2014 at 9:21 am)Chad32 Wrote: Yes, that's how the courts work. The prosecutor's job is to convince them that this should go to trial. The trial is where the defense gets to work towards getting the guy out of it. Getting an indictment doesn't even mean he's guilty. It just means someone may have done something, and we should take this to court. Then he may be found innocent or guilty.
No it is not the prosecutor's job to get an indictment. The prosecutor's job is to present the truth.
Quote:A prosecutor is the only one in a criminal action who is responsible for the presentation of the truth. Justice is not complete without the truth always being the primary goal in all criminal proceedings. A prosecutor is not a mere advocate and unlike other lawyers, a prosecutor does not represent individuals or entities, but society as a whole. In that capacity, a prosecutor must exercise independent judgment in reaching decisions while taking into account the interest of victims, witnesses, law enforcement officers, suspects, defendants and those members of society who have no direct interest in a particular case, but who are nonetheless affected by its outcome.
Quote:3-3.5 Evidence Before the Grand Jury
Unless otherwise required by the law or applicable rules of ethical conduct of the jurisdiction, the following should apply to evidence presented to the grand jury:
a. A prosecutor should disclose any credible evidence of actual innocence known to the prosecutor or other credible evidence that tends to negate guilt, as required by law or applicable rules of ethical conduct;
b. A prosecutor should not present evidence to the grand jury that the prosecutor knows was obtained illegally by law enforcement;
c. In the absence of a valid waiver, a prosecutor should not seek information from a witness that the prosecutor knows or believes is covered by a valid claim of attorney-client privilege;
d. A prosecutor should not take any action that could improperly influence the testimony of a grand jury witness;
e. If the prosecutor is convinced in advance of a grand jury appearance that any witness will invoke his or her Fifth Amendment privilege against self incrimination rather than provide any relevant information, the prosecutor should not present the witness to the grand jury unless the prosecutor plans to challenge the assertion of the privilege or to seek a grant of immunity. The grand jury may be informed of the reason the witness will not appear;
f. The prosecutor should inform the grand jury that it has the right to hear in person any available witness or subpoena pertinent records;
g. A prosecutor should not present evidence to the grand jury that the prosecutor knows to be false;
h. A prosecutor should not knowingly make a false statement of fact or law to the grand jury.
http://www.ndaa.org/pdf/NDAA%20NPS%203rd...entary.pdf
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