Podcast Beta
Questions and Answers
The prosecutor serves as the lawyer of state/government in ______ cases.
criminal
The prosecution service includes Provincial and City Prosecutors, as well as the Chief State ______.
prosecutor
Prosecutors file corresponding INFORMATIONS or ______ complaints in the proper courts.
criminal
The prosecutor has wide latitude in the exercise of ______.
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Prosecutors make decisions free of control, though influenced by desires and ______ of the public.
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Prosecutorial discretion typically enters the picture immediately after the ______.
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The prosecution should not go forward unless sufficient evidence exists to promise a ______.
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Attorneys in Private Practice represent parties before the Public ______.
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A prosecuting attorney, by the nature of his office, is under no compulsion to file a particular Criminal ______ where he is not convinced that he has evidence.
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This is known as SELECTIVE ______ because the prosecutor does not only have the option to select but is influenced by favorable legal factors.
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The prosecutor may subsequently decide to drop all charges and seek a dismissal under certain ______.
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The aforementioned actions by the prosecutor can only be possible through the ______ (Nolle Prosequi).
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Prosecution stands as the second pillar next to the ______ in our Criminal Justice System.
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The action of prosecution is dependent upon the initiatory action, whereby the criminal justice system relies on the certainty of the ______ by the police.
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Since the certainty of punishment depends mainly on effective ______ and appropriate sentencing.
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Delays in prosecution often work to the advantage of the ______, reducing the likelihood of punishment.
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Study Notes
Prosecutorial Role
- The prosecutor serves as the lawyer for the government in criminal cases.
- The prosecutor is an officer of the court and a member of the Department of Justice, but operates independently from the judiciary.
- The prosecutor initiates prosecution on behalf of the people, not individual agencies.
Structure of the Prosecution Service
- The prosecution service includes Provincial and City Prosecutors, the Chief State Prosecutor, and Assistant Prosecutors.
- Their responsibilities include: evaluating police findings, filing information or criminal complaints, and prosecuting offenders.
Attorneys in Private Practice
- Attorneys in private practice represent complainants or respondents before Public Prosecutors.
- They represent individual parties within the Criminal Justice System.
Public Defenders
- Public defenders, such as the Public Attorney's Office (PAO), Integrated Bar of the Philippines (IBP), and Free Legal Assistance Group (FLAG), provide legal aid services within the Criminal Justice System.
Prosecutorial Discretion
- Prosecutors have significant discretion in their decision-making process.
- Prosecutorial discretion typically begins after arrest when police reports are reviewed.
- The prosecutor evaluates the evidence to decide whether to pursue prosecution.
Factors influencing Prosecutorial Discretion
- Prosecutors consider the strength of the evidence, witness willingness to testify, and the likelihood of proving guilt.
Dismissal of Charges
- After initial arraignment, charges can be dismissed if the prosecutor identifies factors making prosecution inadvisable or if they haven't had the opportunity to fully screen the case.
Nolle Prosequi (Nolle)
- A Nolle is a request from the prosecutor to the court to terminate further prosecution against a suspect.
The Role of the Police
- The police and prosecution work closely together as the first and second pillars of the Criminal Justice System.
- The police initiate the process of investigation and arrest, leading to prosecution.
Cooperation between Police and Prosecution
- Effective cooperation between the police and prosecution is essential.
- The police provide evidence and information that the prosecutor uses to file charges.
- Delays or shortcomings in police procedures can negatively impact prosecution and the likelihood of conviction.
The Importance of Effective Prosecution
- The certainty of conviction through effective prosecution is crucial for deterring criminal activity.
- Delays in prosecution can benefit offenders and reduce the chance of punishment.
The Prosecutor's Role in the Criminal Justice System
- The prosecutor’s effectiveness, along with effective sentencing by the courts, are vital elements in the overall effectiveness of the Criminal Justice System.
- The prosecutor plays a critical role in ensuring that the justice system operates efficiently and fairly.
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Description
Explore the key roles and structures within the criminal justice system, focusing on the responsibilities of prosecutors, private attorneys, and public defenders. This quiz will enhance your understanding of how these entities interact within the legal framework to ensure justice is served.
