Why is the public prosecutor called as 'public' ?
In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court. ... The one who files a case against someone is called the Public Prosecutor ..
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Why is the public prosecutor called as 'public' ?
Introduction
The public prosecutor, also known as a district attorney or crown prosecutor, is a legal professional who represents the state in criminal cases. The term "public" is used to describe the prosecutor's role because it signifies their responsibility to serve the interests of the public and uphold justice. Let's delve into the reasons why the public prosecutor is called as 'public' in more detail.
Upholding Public Interest
The primary role of a public prosecutor is to uphold the public interest. They represent the state and the community at large, rather than advocating for any individual or private party. By focusing on the well-being and safety of society, the public prosecutor aims to ensure that justice is served and the guilty are held accountable for their actions.
Government Appointed
Public prosecutors are appointed by the government or elected by the public, depending on the legal system of a particular country. This appointment or election process signifies the public's involvement and participation in selecting a representative who will safeguard their interests and ensure the fair administration of justice.
Prosecution on Behalf of the State
When a crime is committed, it is considered an offense against the state and society as a whole, rather than just the victim. As the legal representative of the state, the public prosecutor takes on the responsibility of bringing criminal charges against the accused. They act on behalf of the public to seek justice and maintain law and order in society.
Objective and Impartial
The public prosecutor is expected to be objective and impartial in their pursuit of justice. They must analyze the evidence, apply the law, and make decisions based on the merits of the case rather than personal biases or interests. This impartiality ensures that justice is carried out fairly and without favoritism, ultimately serving the public interest.
Prosecutorial Discretion
The public prosecutor has the authority to decide whether to pursue criminal charges, negotiate plea deals, or drop charges in certain cases. This discretion is exercised in the best interest of the public, considering factors such as the strength of the evidence, the nature of the offense, the defendant's criminal history, and the potential impact on the community. By exercising their discretion, the public prosecutor ensures that resources are used effectively and justice is served efficiently.
Conclusion
The term "public" is used to describe the prosecutor's role as they represent the state and the community at large. They are responsible for upholding the public interest, ensuring justice is served, and maintaining law and order in society. The public prosecutor's impartiality, prosecutorial discretion, and government appointment all contribute to their designation as a representative of the public.
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