In the American criminal justice system, few roles are as powerful—or as misunderstood—as that of the prosecutor. Every day, prosecutors decide whether to bring charges, what crimes to pursue, and even what penalties to recommend. They hold enormous influence over individuals’ lives, communities, and the broader concept of justice itself. Yet, despite their power, most people know surprisingly little about what prosecutors actually do or how they operate.
For many Americans, their only exposure to prosecutors comes from TV shows or movies that glamorize courtroom battles. While these depictions often show prosecutors as champions of truth and justice, the reality is far more complex. Prosecutors are not only lawyers; they are public officials, elected or appointed, tasked with balancing fairness, public safety, and the rights of the accused.
Why does this matter? Because whether you ever face the justice system personally or not, prosecutors play a central role in shaping laws, community safety, and sentencing outcomes. They influence how plea bargains are handled, how resources are allocated, and even how justice is defined. A prosecutor’s decisions can mean the difference between prison and freedom, between fairness and injustice.
This article explores 9 things every American should know about prosecutors. By understanding their responsibilities, limitations, and influence, you’ll gain a clearer picture of the justice system and your rights within it. Whether you’re a student of law, a concerned citizen, or someone seeking legal guidance, these insights can help demystify one of the most critical players in American courts.
1. Prosecutors Represent the Government, Not Victims
One of the most common misconceptions is that prosecutors represent crime victims. In fact, prosecutors represent the government and the people of their jurisdiction. Their job is not to seek revenge on behalf of victims but to enforce laws and promote justice for society as a whole.
For example, if someone is charged with robbery, the prosecutor’s responsibility is to prove beyond a reasonable doubt that the defendant committed the crime, not simply to fulfill a victim’s demand for punishment. While prosecutors often work closely with victims, their duty is to the law and public interest.
Why It Matters
- Victims may want harsher penalties, but prosecutors must weigh fairness and evidence.
- The government, not the victim, controls whether charges are filed or dropped.
- This balance ensures trials are not based solely on emotion but on justice.
Understanding this helps Americans see prosecutors as legal representatives of the state, not personal attorneys for victims.
2. Prosecutors Have Discretionary Power
Prosecutors hold enormous discretionary power in deciding how cases proceed. They determine whether charges should be filed, what level of offense to pursue, and whether to negotiate plea deals. This discretion means two people accused of similar crimes could face very different outcomes depending on the prosecutor.
Examples of Discretion
- Charge decisions: Prosecutors can charge someone with a misdemeanor instead of a felony.
- Plea bargains: They may offer reduced charges in exchange for a guilty plea.
- Diversion programs: Some cases may be diverted to rehabilitation instead of trial.
While this flexibility allows for fairness and efficiency, it can also raise concerns about bias, inconsistency, or unequal treatment.
For Americans, it’s essential to know that prosecutors’ choices shape not just individual cases but the broader justice system.
3. Prosecutors Are Often Elected Officials
In most states, local prosecutors—often called district attorneys (DAs)—are elected by the public. This means their priorities may reflect community values, political pressures, or campaign promises. For example, a DA may run on a “tough on crime” platform or focus on criminal justice reform.
Why Elections Matter
- Public opinion can influence how aggressively prosecutors pursue certain crimes.
- Elections hold prosecutors accountable to voters, at least in theory.
- Policies on drug offenses, juvenile justice, or sentencing may shift with new leadership.
However, critics argue that elections can sometimes encourage prosecutors to prioritize conviction rates over justice. Voters should stay informed about their local prosecutors, as these officials wield significant influence over how laws are applied.
4. The Role of Plea Bargains
About 90–95% of criminal cases in the US are resolved through plea bargains, not trials. This highlights just how central prosecutors are to the system. A plea bargain occurs when the defendant agrees to plead guilty—often to a lesser charge—in exchange for a reduced sentence.
Prosecutors negotiate these deals to save court resources, ensure convictions, and provide quicker resolutions. While plea bargains can benefit defendants by reducing penalties, they also raise concerns about fairness. Sometimes defendants accept deals out of fear of harsher sentences at trial, even if they are innocent.
Key Takeaways
- Prosecutors control what deals are offered.
- Plea bargains reduce the number of jury trials.
- Defendants should always consult a defense attorney before accepting.
Understanding plea bargaining is crucial since it’s the most common way cases are resolved.
5. Prosecutors Must Uphold Justice, Not Just Convictions
Although prosecutors are often judged by their conviction rates, their ethical duty is broader: to seek justice. This means they must ensure that defendants receive fair trials, evidence is disclosed properly, and innocent people are not wrongfully convicted.
Prosecutors’ Ethical Obligations
- Brady Rule: They must share exculpatory evidence that could help the defense.
- Fairness: They cannot knowingly present false evidence.
- Public interest: Decisions should balance community safety with fairness to the accused.
While some prosecutors may overstep in pursuit of convictions, their legal responsibility is clear: justice comes before winning. Americans should remember this when evaluating prosecutors’ performance.
6. Prosecutors Influence Sentencing Outcomes
Judges ultimately issue sentences, but prosecutors strongly influence those outcomes. By choosing what charges to file and what plea bargains to offer, prosecutors set the framework for sentencing.
Example
- A prosecutor charging a defendant with aggravated assault instead of simple assault can mean the difference between probation and years in prison.
Why It Matters
- Sentencing disparities across the country often reflect prosecutorial choices.
- Public debates about mass incarceration frequently focus on prosecutors’ charging practices.
- Reforms in prosecutorial decision-making can reduce overcrowded prisons.
Americans should recognize that prosecutors are not just case managers—they help shape national sentencing trends.
7. Prosecutors Work with Law Enforcement
Prosecutors rely heavily on police officers to investigate crimes and gather evidence. However, their role goes beyond rubber-stamping police work. Prosecutors decide whether evidence is sufficient to file charges and whether a case should proceed.
Collaboration Includes
- Advising police during investigations.
- Reviewing search warrants.
- Evaluating whether arrests meet legal standards.
While this partnership is essential, it can also raise concerns about accountability, especially in cases of police misconduct. Prosecutors’ independence is critical in ensuring fairness.
8. Accountability and Oversight of Prosecutors
Given their power, how are prosecutors held accountable? Oversight mechanisms vary, but they include professional ethics boards, appeals courts, and, in many states, voters.
Oversight Tools
- Bar associations can discipline unethical prosecutors.
- Appeals courts can overturn wrongful convictions.
- Elections allow voters to replace district attorneys.
However, some critics argue that prosecutors often face too little accountability, especially when misconduct occurs. For example, failure to disclose evidence has led to wrongful convictions, yet consequences for prosecutors can be minimal.
Stronger oversight ensures that prosecutors serve justice, not just their own interests.
9. Prosecutors Shape Criminal Justice Policy
Prosecutors don’t just handle cases—they also influence laws and policy. Many participate in legislative debates, serve on task forces, or advocate for reforms. Their stances on issues like drug laws, sentencing reform, and juvenile justice can shape entire communities.
Real-World Impact
- In recent years, some prosecutors have supported alternatives to incarceration, such as diversion programs.
- Others push for tougher penalties, affecting incarceration rates.
By understanding prosecutors’ policy role, Americans can better engage in civic discussions and push for reforms that align with their values.
Why Knowledge Empowers Citizens
The role of the prosecutor is one of the most influential in the American justice system. From deciding charges to negotiating plea bargains and influencing policy, prosecutors shape not only individual cases but also the broader landscape of justice. Yet too often, their power goes unnoticed by the public.
By learning these 9 things every American should know about prosecutors, you gain insight into how decisions are made, what ethical responsibilities exist, and where accountability should lie. Prosecutors are not simply courtroom lawyers—they are gatekeepers of justice whose choices affect millions of lives.
As a citizen, staying informed matters. Whether through voting in local district attorney elections, advocating for policy changes, or simply understanding your rights, you can play a role in shaping a fairer system. Knowledge empowers you to hold prosecutors accountable and ensures that justice serves everyone—not just the powerful.
Frequently Asked Questions (FAQ)
1. Do prosecutors always take cases to trial?
No. Most cases are resolved through plea bargains, with only a small percentage going to trial.
2. Can a victim decide whether charges are filed?
No. Prosecutors, not victims, decide whether to pursue charges, as they represent the government.
3. What is the difference between a prosecutor and a defense attorney?
A prosecutor represents the government and seeks to prove guilt, while a defense attorney represents the accused.
4. Are prosecutors allowed to hide evidence?
No. Under the Brady Rule, prosecutors must share exculpatory evidence with the defense.
5. How can citizens influence prosecutors’ decisions?
By voting in local elections, staying informed about prosecutorial policies, and advocating for reforms.