A Crown Prosecutor brings criminal cases against defendants, determines whether to file a complaint, and negotiates plea deals. They represent the state, not the victim. They may be politically motivated and appointed.
A Crown Prosecutor has the responsibility of bringing a criminal case against the defendant, either regionally or nationally. These prosecutors also determine whether to file a complaint in criminal court and may decide not to pursue the matter altogether. If they have questions about what charges to bring, they can take the case to a grand jury to decide. They do not represent the victim or the victim’s family, but the state they serve. When there is a conflict of interest between the wishes of the victim and the goals of the state, the interest of the state prevails.
There are various stages of a criminal trial and the prosecutor is often involved in all of them, except the arrest of the defendant. The contestation procedures follow the bail procedures and at the time of the contestation the prosecutor can ask for the bail to be revoked or increased. The prosecutor’s next step is often to negotiate a plea deal with the defendant, in which he or she can drop certain charges, as long as the defendant pleads guilty to one or more other charges. A plea deal can often be negotiated at any stage of the case, prior to the jury deliberation.
When no plea agreement is reached, the prosecutor presents arguments at the preliminary hearing to show that the evidence shows that the defendant had probable cause to commit the crime with which he is accused. If the judge determines that there is sufficient evidence of probable cause for the defendant to stand trial, then the prosecutor must present a complete case, including witnesses, evidence, and arguments at trial.
In many jurisdictions, a Crown Attorney is often appointed to his position. The problem sometimes with appointing a prosecutor is that he is sometimes politically motivated when deciding how or when to prosecute certain criminal cases. For example, if taking Case A to trial and not offering a plea deal would appease the administration or the official who named it, then the prosecutor could do so even if the evidence is not strong against the defendant. The prosecutor may feel he should do what puts the administration he serves in the best light to keep his job, more than he would for the sake of justice. A Crown Attorney might have his own political aspirations and might pursue with a view to running for political office in the future.
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