At each stage of representation, the prosecutor should take the necessary steps to establish a clear and complete record for possible review. These measures may include: the submission of requests, including requests for reconsideration and exhibits; raise objections and provide explanations; request the hearing of evidence; ask for or reject jury instructions; and the provision of evidence and the provision of excluded evidence. (d) A prosecutor should not include statements or evidence in the court record to circumvent this standard. (c) A prosecutor may propose or require other types of waivers on an individual basis if the defendant`s consent is knowingly and voluntarily. No waiver of any kind should be accepted without exception for manifest injustice based on newly discovered evidence or actual innocence. (e) During the trial, the prosecutor should endeavour to minimize undue embarrassment or invasion of privacy of potential jurors, for example by attempting to investigate sensitive matters outside the presence of other potential jurors, while allowing for fair and efficient jury selection. (d) If the accused is not in custody at the time of the indictment, the prosecutor should consider whether voluntary appearance instead of deprivation of liberty would be sufficient to protect the public and ensure the presence of the accused at the hearings. (e) Before proposing an expert as a witness, the Prosecutor should endeavour to acquire sufficient knowledge of his or her area of expertise, including the ethical rules that may be applicable to his or her field, in order to allow for effective preparation of the expert and effective cross-examination by a defence expert on the same subject. The prosecutor should explain to the expert that the expert`s role in the proceedings is to be an impartial witness summoned to assist the investigators, explain how the expert`s hearing is likely to be conducted, and suggest possible impeachment questions that might be put to the expert. The defence and prosecutor may call witnesses to testify or say what they know about the situation.
What the witness actually says in court is called testimony. In court, the witness is called to the witness stand near the judge. To testify, witnesses must take an oath to agree or confirm to tell the truth. There are three types of witnesses: (b) These standards are intended to provide guidance on the professional conduct and professional conduct of prosecutors. They are drafted and are intended to be fully consistent with the ABA Model Rules of Professional Conduct and are not intended to alter the duties of a prosecutor under the applicable rules, articles or constitution. They are ambitious or describe „best practices“ and are not intended to serve as a basis for professional discipline, to create substantive or procedural rights for defendants or convicted persons, to establish a standard of due diligence in civil liability, or to serve as a predicate to a motion to suppress evidence or dismiss an indictment. For the sake of consistency, these standards sometimes contain language taken from the Model Rules of Professional Conduct; However, standards often deal with conduct or contain details beyond what is governed by the Model Rules of Professional Conduct. No inconsistencies are ever intended; And in all cases, a lawyer must always read and comply with the Code of Professional Conduct and other authorities that are binding in the particular jurisdiction or case, including choice of law principles that may govern the lawyer`s ethical conduct. (c) Before appointing an expert, the prosecutor should consider the expert`s references, relevant professional experience and reputation in the field. The prosecutor should also investigate the background and credentials of an expert testifying on possible impeachment issues. Before proposing an expert as a witness, the prosecutor should consider the scientific acceptance of the theory, method or particular conclusions about which the expert would testify.
(f) A prosecutor who is seized of a criminal appeal and who was not a lawyer before the court of first instance should consult with the prosecutor, but exercise independent judgement when considering the minutes and arguments of the defence. The appellant should not present or reject arguments in an appeal without reasonable legal basis. (b) A prosecutor shall not use illegal or unethical means to obtain evidence or information, or employ, instruct or encourage others to do so. Prosecutors should research and know the law in this regard before acting, bearing in mind that the ethical obligations of a prosecutor may, in certain circumstances, differ from those of other lawyers. (e) The Prosecutor should be aware of alternatives to prosecution or conviction that might be applicable in individual cases or categories of cases, review them and, where appropriate, assist in their development. The Crown should be available to support community efforts to address problems that lead to or result from criminal activity or perceived failures in the criminal justice system. If the matter goes to court, you can expect a subpoena. A subpoena is a written court order that requires a person to appear at a place and time to testify or bring documents. Subpoenas are usually issued for testimony and legal proceedings.
Please follow the instructions on the quote carefully. If you do not understand the instructions, please contact our office. (b) The Prosecutor should not beat jurors on the basis of criteria inadmissible by the Constitution, applicable laws, rules of jurisdiction or such norms, including race, sex, religion, national origin, disability, sexual orientation or gender identity. The prosecutor should consider challenging compelling defence counsel challenges that appear to be based on such criteria. (d) Unless this is impossible or unlawful, the Public Prosecutor`s Office should establish a system to enable qualified law students, prosecutors jointly appointed from other offices and private prosecutors temporarily assigned to the prosecution function to become familiar with and contribute to the prosecution function. (g) A prosecutor should not avoid prosecuting information or evidence because he or she believes that doing so would prejudice the case of the prosecution or assist the accused. (b) In exercising his or her discretion in the presentation and maintenance of the indictment, the prosecutor should disregard: (d) If counter-arguments, he or she may respond fairly to the arguments put forward in the final statement of the defence, but shall not raise or raise new issues. If the prosecutor believes that the defense`s closing argument is or was inappropriate, he or she should appeal in a timely manner and seek redress from the court, rather than responding with arguments that the prosecutor knows are inappropriate.
(a) The prosecution should be aware of the legal standards applicable to jury selection and train prosecutors to comply with them. The prosecutor should prepare himself to effectively exercise the prosecutorial function in jury selection, including the exercise of just cause and compelling challenge. The prosecution should also be informed of the selection and convening procedure for the jury panel and alert the court to legal loopholes. This may be the most important thing you can do for yourself during an interview for several reasons. The first is that the only reason you sit down with the prosecutor is to consider a possible deal. You must be convinced of your credibility. If they cannot trust an accused, they will have no use for their testimony. You try to strategize yourself, and the prosecutor thinks about how you can help their case. One of the most important things that could prevent a deal is if the prosecutor thinks the accused is not telling them the truth. You will receive reasonable notice and a subpoena when you are abandoned, and you should not have to travel outside the county where you reside.
If you have special requests regarding the time and place of your testimony, or if you wish to obtain the assistance of a victim`s lawyer, you must communicate these needs to the prosecutor. You will also receive sufficient notice of the trial date and a subpoena on a specific date. You will have enough time with the prosecutor to discuss what to expect before the trial date. The Public Prosecutor`s Office will inform you of the date and time of the plea and verdict. Trial and plea and sentencing take place in the district where the accused is charged, which may require travel. If you need assistance such as transportation, separate waiting rooms or translators, please contact the prosecutor assigned to your case. Hypothetically, a person accused of a crime may try to speak to the prosecutor`s office, the prosecutor`s office, and/or a deputy district attorney. (b) The prosecutor may publicly praise a jury or court verdict, congratulate government officials or others who contributed to the case, and emphasize the social value of the verdict or event.
The prosecutor should not publicly boast or seek to personally glorify a judgment or verdict. (a) The Prosecutor should act expeditiously and expeditiously in the investigation, prosecution and acquittal of criminal charges, in accordance with the interests of justice and with due regard to the fairness, accuracy and rights of the accused, victims and witnesses.