Yes No Share to Facebook
Expectation of Prosecutors: The Foremost Professional Responsibility to Uphold Justice and Fairness
Question: How does the role of a prosecutor ensure fairness in the justice system?
Answer: The role of a prosecutor is crucial in maintaining the integrity of the justice system by focusing on presenting credible evidence while ensuring a fair trial for all parties involved. This commitment to justice is central to the responsibilities of prosecutors, as highlighted in Boucher v. The Queen, [1955] S.C.R. 16. At MuskokaCriminal.Law™, David Oake, Barrister, and his Criminal Defence Team work diligently to uphold these values, advocating for the rights of the accused while promoting the principles of justice within the legal framework.
Understanding the Role and Duties of a Prosecutor
The role of a prosecutor is one of the most significant in the justice system whereas the professional duty of the prosecutor is to focus upon serving justice rather than winning cases. This webpage article delves into the expectations and professional responsibilities owed by prosecutors with emphasis upon the foremost duty to serve principles of justice as highlighted within the case of Boucher v. The Queen, [1955] S.C.R. 16.
Professional Responsibility
Prosecutors are vested with the responsibility of representing the Crown within criminal proceedings or the Province when prosecuting a provincial offence. The primary duty of a prosecutor is to present credible evidence before the court so to ensure that the judicial process is both fair and just and seen as fair and just in the public eye. This crucial role requires exceptional ethical standards and a commitment to upholding the principles of justice, even if such means the failure to securing a conviction against the accused person.
Challenges for Prosecutors
Prosecutors often confront numerous challenges when navigating the duties of a prosecutor such as:
- The Balancing of Justice and Advocacy:
The prosecutor is expected to present a compelling case; however, prosecutors must also avoid any tactics that might be perceived as unfair or manipulative. - The Public Perception:
The prosecutor faces pressure to secure convictions often stems from public expectations and can lead to an undue emphasis on winning rather than ensuring that justice is served. - The Resource Limitations:
The prosecutor may face limitations in terms of resources, usually in time rather than money, which can impact upon the ability to thoroughly investigate and present a case.
Precedent Case Decision
The case of Boucher v. The Queen, [1955] S.C.R. 16, is foundational to understanding the duty of a prosecutor. The Supreme Court of Canada outlined that prosecutors must avoid the seeking of convictions at any cost but should instead aim to present credible evidence and to do so fairly. This guiding principle is encapsulated within the following excerpt from the case decision:
It cannot be over-emphasized that the purpose of a criminal prosecution is not to obtain a conviction, it is to lay before a jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel have a duty to see that all available legal proof of the facts is presented: it should be done firmly and pressed to its legitimate strength but it must also be done fairly. The role of prosecutor excludes any notion of winning or losing; his function is a matter of public duty than which in civil life there can be none charged with greater personal responsibility. It is to be efficiently performed with an ingrained sense of the dignity, the seriousness and the justness of judicial proceedings.
Detailed Analysis of Prosecutorial Duties
Prosecutors must exercise the prosecutorial duties with impartiality and integrity. Prosecutors must be well-versed in legal precedents and prosecutors must refrain from breaching ethical guidelines. Key aspects include:
- The Preparation:
By thoroughly preparing for cases by investigating all avenues, regardless of whether the evidence supports the prosecution or the defence. - The Transparency:
By disclosing all relevant evidence to the defence, including any material that might exonerate the accused. - The Fairness:
By ensuring that the trial process is fair by presenting evidence impartially and respecting the rights of the accused.
Conclusion
The role of a prosecutor is paramount in ensuring that justice is served fairly. Guided by the principles laid out within Boucher, prosecutors must balance the duty to present evidence with the overarching duty to present and achieve a fair trial. By upholding these standards, prosecutors help to maintain public trust in the justice system and to ensure that a fair trial is received by an accused person.