Prosecutor

The prosecutor, also called the district attorney or prosecuting attorney, is often said to be the most powerful actor in the criminal justice system. The criminal trial lawyer for the government, the prosecutor represents the interests of the state and its citizens. Prosecutor is the generic term for the position some states call the state attorney and the federal system calls the U.S. [Page 1274]attorney. In most state jurisdictions, prosecutors are elected; on the federal level, the president appoints the attorney general and U.S. attorneys for each district.

The prosecutor deals with the interests of crime victims, voters, criminal defense attorneys, judges, the police, the media, and even criminals. Prosecutors are highly visible and politically involved. Many people remember that Vincent Bugliosi prosecuted Charles Manson, and Robert F. Kennedy—brother of President John F. Kennedy and then U.S. attorney general—prosecuted labor leader Jimmy Hoffa. Today, nearly all can link the names Marcia Clark with O. J. Simpson, and Kenneth Starr with Bill Clinton. Another well-known prosecutor is former Manhattan district attorney Robert Morganthau, whose life and times are chronicled on the television series Law and Order. Known for his blunt acknowledgment of the power a prosecutor wields, Morganthau once said, “A prosecutor can get a grand jury to indict a ham sandwich.” Given the high profile and political power of prosecutors, it is not surprising that they are often criticized for overzealousness.

Concern about the prosecutor's power is not new. Prosecutorial discretion—that is, a prosecutor's decision whether to bring charges and, if so, the number and kind, or perhaps most important, to reduce charges or sentences through plea bargaining—has been the subject of controversy throughout much of the last century.