prosecutor

Examples of prosecutor in the following topics:

• U.S. District Courts

  • Meanwhile, criminal cases involve a U.S. attorney (the prosecutor), a grand jury, and a defendant.
  • The purpose of the grand jury is to review evidence presented by the prosecutor to decide whether a defendant should stand trial.

• Executive Privilege

  • Once invoked, a presumption of privilege is established, requiring the prosecutor to make a "sufficient showing" that the "Presidential material" is "essential to the justice of the case. " Historically, the uses of executive privilege underscore the untested nature of the doctrine, since Presidents have generally sidestepped open confrontations with the United States Congress and the courts over the issue by first asserting the privilege, then producing some of the documents requested on an assertedly voluntary basis.
  • Nixon, the 1974 case involving the demand by Watergate special prosecutor Archibald Cox that President Richard Nixon produce the audiotapes of conversations he and his colleagues had in the Oval Office of the White House in connection with criminal charges being brought against members of the Nixon Administration .
  • The subpoena would have required the President's Senior Advisor to testify before the Senate Judiciary Committee in a probe over fired federal prosecutors.

• The Fifth Amendment, Self-Incrimination, and Double Jeopardy

  • If the defendant moved for a mistrial, there is no bar to retrial, unless the prosecutor acted in bad faith.
  • For example, the prosecutor goads the defendant into moving for a mistrial because the government specifically wanted a mistrial.
  • If the prosecutor moves for a mistrial, there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial.

• The Exclusionary Rule

  • The exclusionary rule is also designed to provide disincentive to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment of the Bill of Rights.

• Impeachment and Removal from Office

  • For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of what actions constitute grounds for impeachment may come from a special prosecutor, the President, a state or territorial legislature, grand jury, or by petition.

• The PATRIOT and Freedom Acts

  • It was placed there without a warrant, which caused a serious conviction obstacle for federal prosecutors in court.