Justice is not guaranteed in any criminal case. The prosecutor bears the burden of proof and can only convict based upon age old rules that govern what may be put before a jury as proof.
In determining how to prove cases in court, the prosecutor’s role began to expand in the early part of the 20th Century with the “mob trials.” Sophisticated cases led lawmakers to the conclusion that prosecutors must have broadend powers in order to build cases that would stick in a court of law. The mob museum in Las Vegas, Nevada displays this development visually in a number of the exhibits on crime and justice.
Aside from the trial of cases, and conviction of criminals, justice has another face. It is the face of compassion for survivors of crime. Crime victims (or “survivors”) are in a particularly vulnerable position in the justice system. They are usually non lawyers whose interests in justice are being pursued by the prosecutor who works not for them, but for the state. Thus, the compassionate prosecutor knows that such survivors need good communication, support and a matter of fact, continuing explanation of each event that occurs during the life of a court case.
The flip side of the compassion coin is the realization that there is no “one size fits all” formula that can work in the world of a prosecuting attorney. In the vast array of offenders, there will be those caught up in the dragnet of enforcement who deserve a second chance and an effort at legal redemption. These are generally non-violent offenders who may have run afoul of the law, but they show promise at rehabilitation and reform more clearly than
others. These judgement calls are part of the overall complexity of a prosecutor’s job. In some case, an offender needs to be prosecuted to the fullest extent of the law and in other cases, an offender may deserve probation.
Thus, Justice in any given case can be elusive. It can be pursued in all cases. Sometimes it is obtained and sometimes not. We fight zealously against the worst offenders, and even in this fight, there are no guarantees. We show leniency if leniency is just in a particular matter. Knowing the difference is the key. Experience, good judgment and common sense are key in the pursuit of justice.