The prosecutor is the most powerful for many reasons. First, it is the prosecutor who decides whether a case will move forward from arrest to sentencing. The prosecutor may drop the case at any time.
Second, the prosecutor controls the evidence in the case. While the prosecutor may have many types of evidence, he/she may decide to present only some of this at key points in the process. For example, at the preliminary hearing or at the grand jury stage the prosecutor may chose to disclose only some of the facts. This puts the defense attorney at a disadvantage.
Third, the prosecutor is the key architect of a plea bargain. He/she decides what charges may be dropped or reduced, which is a very powerful position to have. And, even at the sentencing stage, judges often go along with the type of sentence recommended by the prosecutor.
There are several groups that comprise the courtroom work group. These groups fulfill many functions, and all of their roles are interdependent.
These groups have frequent and ongoing relationships in which they interact in a wide variety of manners and settings. Judges fulfill roles such as issuing warrants; making probable cause determinations; granting or denying bail; presiding over hearings; ruling on motions; and presiding over trials.
Prosecuting attorneys represent the state in criminal cases.
Defense attorneys, who may be privately retained or appointed, ensure that the defendant's rights are protected and defend their client throughout criminal proceedings.
Other work group actors include law clerks, court clerks and administrators, jurors, witnesses, police officers, and the news media. Know more about American courts at Global.oup.com.