Victims and Crime Evaluation

Victims and Crime Evaluation

Q NO 1

Prosecutor

Prosecutor is the chief legal representative of the prosecution inside the state, working either with the adversarial system administered by the common law, or the inquisitorial system administered by the civil law of the state. Prosecution is the legal party that is responsible for the presentation of the case during a criminal trial against the individual that is accused of the crime (Hall, & Hetherington, T. (1988).

The Prosecutor's Role in Sentencing

Sentencing is a decision which is taking by the court, but a prosecutor's responsibility is to provide assistance to the court in reaching to the decision of sentencing. It is the responsibility of the prosecution to facilitate the court in the decision making process, by drawing the attention of the court towards the following factors:

Any migrating or aggravating factors involved in the case disclosed by the prosecution

Personal statement of the victim

The evidence for the cases has any sort of impact on the offending community or not

Sentencing guidelines, statutory provisions, and guidelines for the cases which might be helpful for the court

Relevant constitutional provisions which might be connected to the ancillary orders

The prosecutors could also offer assistance to the court by making acquiescence's, in the light of the factors listed above, as to the sentencing of the victim range inside the current offence.

In a complex case where there is a great chance of misunderstanding, it is the responsibility of the prosecutor to point out the mitigating and aggravating factors, which the prosecutor outlines when informing the court regarding the case during the hearing of the sentencing of the victim. In all the other cases, this approach is essential to be considered, and needs to be undertaken only if it is beneficial for the court, and helpful in making the decision of sentencing of the victim.

It is the responsibility of the prosecutor to pertain for ancillary, and compensation orders, such as confiscation and anti social behavior orders, in the cases. When the prosecutor is applying for ancillary orders in the case, the prosecutor must always keep in mind the need of the victims, which includes the question of the future prosecution of the victim.

The prosecutor holds the right of challenging the assertion made by the defense in alleviation which is not accurate, derogatory, and misleading for the court. However, in case the defense persist in the allegation, and the allegation appears to be relevant to the sentencing, then the court should hear to the evidence for determining the facts of the crime, and then make decide on the sentencing of the criminal accordingly.

It is the responsibility of the prosecutor to comply with the guideline of the Attorney General regarding the acceptance of the Pleas, and the role of the prosecutor in the sentencing exercise, which sets out the role of the prosecutor to a great extent (Worrall ET.AL, 2008).

Defense Lawyer

Defense lawyer is an attorney which is responsible for representing the accused party during the legal matters ...