Role of Prosecutor in Death Penalty Case

On Tuesday, our post focused upon the pending Dennis Cyrus case in California, and how this case may be the first time in over half a century that a defendant setting in a San Francisco court actually faces capital punishment for a crime.

Looking at the case from another angle, there are several key examples of how the prosecutor works in a death penalty case. First, there’s the consideration of the head prosecutor for that jurisdiction.

Federal Prosecutors

Federal prosecutors pursue matters in federal criminal courts under the auspices of the region’s U.S. Attorney, who in turn is an employee of the Department of Justice. U.S. Attorneys are appointed to their positions.

As a part of the executive branch, federal prosecutors have guidelines to follow in capital punishment matters. In the Cyrus case, the example is shown of the Bush Administration’s established policy that there be uniformity among all U.S. Attorneys in their decisions to seek the death penalty. While the particular federal prosecutor does have some autonomy to try his or her case, there are boundaries within which that case must be pursued and tried – and those boundaries are marked by the President of the United States.

State Prosecutors

State prosecutors pursue matters in state criminal courts under the direction of the local District Attorney. Usually, these are county officials who have been elected for a specific term. They may have been prosecutors for many years, some may have served time on a criminal bench as judge before running for election.
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