The role of the suspect

Date: 2015-10-07; view: 403.

The role of the prosecutor

Public prosecutors are lawyers appointed by the government as its representatives in criminal matters. In the United States, most state or county prosecutors are elected.

In some legal systems, as in Germany, the prosecutor is formally responsible for conducting criminal investigations. In practice, however, his role is generally limited to advising and supervising police. Only in very serious or politically sensitive matters does he personally conduct the investigation.

Since the 19th century, the law has gradually recognized the suspect's autonomous position as a subject of the criminal process. His right to remain silent in order to avoid incriminating himself has, in principle, been acknowledged universally. However, few legal systems go so far as the United States, where, under the Miranda v. Arizona ruling of 1966, the defendant's statements will be excluded from evidence if he is not specifically warned of his right to remain silent before interrogation while in police custody. In most countries, evidence of a confession is admissible in court unless the confession is shown to have been «involuntary» — for example, acquired by torture or threats.

On the other hand, the defendant has a universally recognized right to present to the court his view of the facts. In many jurisdictions, this right can be exercised even before the court decides whether there is sufficient evidence to hold a trial.