Why is prosecution in the public interest?
Asked by: Dr. Maye Green | Last update: February 17, 2026Score: 4.2/5 (7 votes)
Prosecution serves the public interest by enforcing laws, maintaining order, deterring crime, and ensuring justice for victims, not just securing convictions, by balancing the need for public safety with the rights of the accused, protecting vulnerable groups, and representing the community's collective well-being through upholding the rule of law. Prosecutors act as fiduciaries of the public trust, deciding when charges are appropriate, considering harm, culpability, and societal impact, not just whether a conviction is likely.
Is a prosecutor considered public interest?
Government Agencies offer opportunities to serve the public interest, such as prosecutor's offices, or regulatory agencies at the federal, state, or local levels.
What makes a case in the public interest?
The Public Interest Test
If a case passes the Evidential Test, the prosecutor must decide if a prosecution is required in the public interest. Broadly, the presumption is that the public interest requires prosecution where there has been a contravention of the criminal law.
What does it mean to say that prosecution in America is public?
8.2 What does it mean to say that prosecution in America is public? All cases and trials must be prosecuted before the eyes of the public.
Are prosecutors public or private?
Prosecutors are public officials who are members of the Prosecutor's Office. Prosecutors can conduct crime investigations directly or indirectly. They are responsible for the entire process of investigations and court prosecutions.
Prof Gordon Anthony talking about Prosecution and the Public Interest
Was Kamala Harris a prosecutor?
Harris was recruited to the San Francisco District Attorney's Office and later to the office of the city attorney of San Francisco. She was elected district attorney of San Francisco in 2003 and attorney general of California in 2010, and reelected as attorney general in 2014.
Can a prosecutor go private?
However, complainant can engage a private counsel but such counsel cannot get the status of a public prosecutor. Public prosecutor cannot abdicate his powers in favour of a person who is not a public prosecutor.
How much does a public prosecutor make in the USA?
While ZipRecruiter is seeing annual salaries as high as $177,500 and as low as $57,500, the majority of Public Prosecutor salaries currently range between $88,000 (25th percentile) to $139,500 (75th percentile) with top earners (90th percentile) making $161,500 annually across the United States.
Is Dpp the same as CPS?
The DPP is the head of the Crown Prosecution Service (CPS) which is the principal public prosecution service for England and Wales. The DPP operates independently under the superintendence of the Attorney General who is accountable to Parliament for the work of the CPS.
Who is more powerful, a judge or a prosecutor?
While judges have authority in the courtroom and over sentencing, prosecutors are generally considered more powerful because they control the initial charging decisions, plea bargains, and evidence disclosure, shaping the vast majority of criminal cases before they even reach a trial, giving them immense leverage over outcomes. Prosecutors decide who to charge, what to charge them with, and what plea deals to offer, often with limited public oversight, making them the most influential figures in the justice system.
What qualifies as public interest?
Public interest practice includes work done by non-profit organizations, government agencies at all levels, and pro bono activities of otherwise for-profit law firms and corporations.
What evidence is needed for prosecution?
The Role of Evidence and Witness Testimony
Evidence and witness testimony play key roles in whether the prosecution meets the burden of proof. Physical evidence, such as DNA or fingerprints, can link a defendant to a crime, while surveillance footage or documents can support the prosecution's claims.
What does it mean if something is in the public interest?
If something is in the public interest, it brings an advantage to most people: It is very much in the public interest that justice be administered promptly. These are public resources that serve the public interest. See. public adjective.
Who decides what is in the public interest?
The public interest stage
If the case does pass the evidential stage, Crown Prosecutors must then decide whether a prosecution is needed in the public interest. They must balance factors for and against prosecution carefully and fairly.
What cases are handled by PAO?
As a constituent unit of the Department of Justice, the PAO may serve as counsel for indigents in civil, criminal, administrative or labor cases. It provides non- judicial legal services, such as legal counseling, documentation and mediation.
Who is more powerful, a prosecutor or an attorney?
Prosecutors are generally considered more powerful in the criminal justice system because they represent the state and have immense discretion over charges, evidence, bail, and plea deals, controlling the direction of a case from start to finish, while defense attorneys advocate for the accused, negotiating and challenging the state's case but operating within the framework set by the prosecutor. Prosecutors decide if and what to charge, wielding significant leverage, especially with the vast majority of cases ending in plea bargains, notes BFQ Law.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What's higher than CPS?
Family Law Blog
Ultimately, the judge has greater authority to control a CPS lawsuit involving an allegation of abuse or neglect to a child.
What happens when a file is sent to the DPP?
Director of Public Prosecutions
During the course of an investigation of a serious crime, An Garda Síochána will investigate it and send a file to the Office of the DPP. The DPP will then read this file to see whether there is enough evidence to prosecute someone for the crime and what the charge should be.
Who makes more money, a lawyer or a prosecutor?
Prosecutors generally earn less than private practice lawyers, especially later in their careers, as prosecutors are government employees with salary caps, while top private defense attorneys can earn significantly more, sometimes millions, though entry-level salaries can be comparable, with prosecutors often starting around $50k-$80k and private lawyers in criminal defense starting much higher, around $118k+, depending heavily on location, experience, and firm size.
Can a lawyer make $1 million a year?
Yes, lawyers can absolutely make $1 million or more per year, especially partners in top "Big Law" firms, elite corporate lawyers, successful firm owners, and specialists in high-value fields like mergers & acquisitions, personal injury (contingency fees), or intellectual property. Reaching this level often requires treating the practice as a business, specializing in lucrative areas, generating high revenue, leveraging associate work, and sometimes handling large-scale deals or multi-million dollar settlements, rather than just typical hourly billing.
Is prosecutor a stressful job?
Trials can be enormously stressful, often consuming a prosecutor's life for weeks or months. The ability to ask questions, argue forcefully while under stress, and communicate effectively are equally vital. This is why stamina and the capacity to work hard are essential attributes.
What not to say to a prosecutor?
You should never talk to a prosecutor without your lawyer present; avoid admitting guilt, lying, arguing, making excuses, or saying anything beyond "You need to speak with my attorney," as everything you say can be used against you, potentially creating more problems. If you're not represented, invoke your right to an attorney immediately, rather than trying to explain your side or negotiate, which is a job for your lawyer.
Who is the most powerful person in a courtroom?
While the Judge holds significant authority within the courtroom by managing proceedings, ruling on evidence, and ensuring order, the Prosecutor is often considered the single most powerful figure in the U.S. criminal justice system because they decide whether to file charges, what charges to bring, and influence plea bargains, ultimately controlling the case's direction and potential outcomes more than the judge can.