Why Prosecutors Exist and Why Investigators Don't Argue Cases Before the Court
Crimes are investigated and cases are prosecuted by two distinct sets of professionals, each with their own specialties and roles. While the investigative process uncovers facts and gathers evidence, the legal proceedings require the skills and knowledge of a trained advocate, a role commonly filled by prosecutors. Let's explore why, in the context of an adversarial legal system, prosecutors exist and why investigators don't handle the legal proceedings themselves.
The Importance of Specialized Roles in a Legal System
It's important to note that the investigation of a crime and the argument of a case before a court are quite different. An investigator, while knowledgeable in certain aspects of criminal law, is not expected to have the same level of expertise as a prosecutor in the nuances of legal procedure and the rules of evidence. Similarly, a prosecutor may have an understanding of police procedures, but is not expected to know them as thoroughly as a detective or a criminal science specialist.
Check on Bad Policing and Separation of Roles
One of the primary roles of a prosecutor is to act as a check on the police. By ensuring that legal procedures are properly followed, a prosecutor can help prevent misconduct and improper actions by law enforcement. However, in practice, this role is often not fulfilled as effectively as it should be. As a separate set of eyes, a prosecutor is responsible for reviewing evidence and determining whether prosecution is warranted. Despite this separation, there are limitations to the involvement of investigators in the legal process due to their primary function in gathering and presenting evidence.
Why Investigators Aren't Trained as Advocates
Investigators are not trained as advocates. They lack the knowledge necessary to handle legal maneuvers such as motions to suppress evidence, pretrial writs of habeas corpus, or various other litigation strategies. Sentencing appeals, parole hearings, and numerous other legal hearings are beyond the scope of an investigator's expertise. Additionally, the investigative process involves being creative and resourceful in gathering evidence, but this does not equate to the ability to argue a case effectively.
Complexities of the Legal System
The legal system is inherently complex, and becoming adept at its processes is a long-term endeavor. The process of becoming a prosecutor (three years of post-graduate education) is markedly different from that of a law enforcement officer (GED and the police academy). Even experienced law enforcement officers, after years in the field, often find it challenging to transition to the courtroom without additional training and experience.
The Role of Prosecutors in Modern Legal Systems
Prosecutors play a critical role in ensuring that the legal proceedings follow the proper course, and that justice is served. Their specialized skills are necessary in the current state of our court systems. In some jurisdictions, cops do prosecute, which can improve their overall effectiveness. However, their primary role is to gather and present evidence, not to argue the case in court. A prosecutor's job involves analyzing and arguing legal cases, while an investigator's job is more about evidence gathering and discovery.
Advantages of Prosecutors in Adversarial Systems
The adversarial system in the United States has led to an increase in legal complexity. While the ultimate goal of the legal process is the pursuit of the truth, in practice, the process often revolves around procedural rules and gamesmanship. The role of a prosecutor, therefore, is crucial in ensuring that the legal system functions as intended. They are well-trained and experienced in handling the intricacies of the courtroom, which allows them to advocate effectively for the interests of the state.
Conclusion
In conclusion, the existence of prosecutors is crucial in our legal systems. Their role ensures that the procedures are followed, and justice is served. Investigators, on the other hand, are trained in gathering evidence and providing it to the legal system. While there may be some overlap, the skills required for each role are highly specialized and distinct. The separation between these roles helps to maintain the integrity of the legal process and the pursuit of justice in an adversarial system. Understanding the roles of investigators and prosecutors is fundamental to comprehending how our legal systems function.
Keywords
prosecutors, investigators, criminal law, adversarial system, criminal procedure