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Show CITIIIH THE THI IAW AMD REVIEW. i The Prosecutor: J by trate in preliminary hearing before it is bound over for Jim Baldwin I This is the Editor's Note: fourth in a senes of articles designed to better acquaint the layman with the ramifications of the law and how it works. ri 4 To the extent that a prosecutor fails to prepare his case for hearing in court ...to that extent he sacrifices his client (o the weight of the law The extent to which a prosecutor fails his client (and it is so with any other lawyer) . to that extent he detracts from the significance of law in society. in a felony Frequently the magistrate in preliminary hearing, or the judge or jury in trial, determine that' the prosecutor has issued a complaint for an offense more serious than the evidence will support It should be stated that, because of the difficulty of obtaining most impossible for The People to acquire m sufficient numbers the services of the most experienced counsel. And, too often, that portion of counsel for the prosecution having both ability and long experience, besides being underpaid, is overworked to the extent that they cannot always function at maximum efficiency ...and the worth of our courts deteriorates in full proportion The prosecutor issues summonses for appearance in court of persons charged with is the instigator of courtroom action in a criminal case. He may represent a city, a county precinct, the state within a county, or he may function as trial lawyer in the district courts erf the sate As prosecutor, however, generally he represents one client. ...always the same client: The People. judge The People vs. John Doe. The prosecution seeks reThe prosecutor speaks for tribution: an eye for an eye: us. He works on a retainer often, a life for a life; somefee set by a unit of government elected by the people. times he seeks an infringement upon the economic status As District Attorney or County of an accused ..a fine. Attorney, he is elected to represent the people. The prosecutor may, inThe prosecutor initiates a stead of, or in addition to a penalty, seek restitution for a criminal action. After hearing evidence from a police loss allegedly inflicted. 1 officer, a representative of He miy recommend a pengovernment, or from any citizen or other resident of the alty of fine or imprisonment or both He may recommend a community, he compares the of either of these with facts requirements for suspension Y of an conviction offense in misdemeanor cases. The or penalty is set by law for felThe People 4 against onies in Utah and maximum or in The State vioagainst penalties (in some instances lation of local ordinances. also minimum penalties) are 1 he evithat finds Assuming dence to substantiate that a set for misdemeanors. crime has been committed, of our constituBecause and evidence to substantiate tional attitude toward the prethe likelihood that the defensumption of innocence of those dant, known or unknown, has accused of a crime, the burcommitted the crime, he may, den of proof that a crime is at his own discretion, issue committed, and the burden of a formal complaint. proof that the accused did, in The Judgement of the procommit the crime, rests fact, ) secutor may be put to test upon the prosecution. before Judge or jury in trial before a magistrate, if the Defense counsel often procase is a misdemeanor and test that the prosecution has not a felony. The prosecutor's all the advantages, because judgement may be put to the they have the economy of the test before a judge or magis state behind them for investi the prosecutor The pay scale for prosecuting attorneys in Utah is sw low as to be almost notorious At lower court levels it is al- evidence to support knowledge of a case, the prosecutor also frequently issues complaints charging offenses of less seriousness than have actually been committed. criminal offenses. He issues summonses for the appearance in court of witnesses expected to testify for or against a defendant in a criminal action. He issues war- rants of arrest. He prepares other court documents, all of which, including the complaint, the summons and the warrant, must bear the signature of a Lawyer For The gations and the acquisition of evidence and witnesses. This is true only in part. trial In prosecution of a crime, the prosecutor must demonstrate by that that this man committed this crime. The law will not accept the weightier evidence as proof of criminal The existence of a guilt single reasonable doubt of guilt is sufficient, when shown and believed by the jury, to justify an acquittal. bt, ' B The prosecution,frequently, upon to recommend a is called penalty in those cases where the sentence is not imposed He may recomby statute. mend probation ...a form of restricted freedom. The burden on the prosecutor extends beyond the visible concern with innocence or guilt, punishment or probation, or suspension of sentence under threat of a fu- ture Dumshment. Ffeople in justice of the fieace courts in city magistrate courts. He will prosecute the felony case through arraignment and through preliminary hearing In a process seldom questioned by defense counsel or defendants, the Utah system is such that at the justice of the peace leve, the justice, serving as judge and uneducated or in the law, The unseen burden is the prosecutor's responsibility to a discipline in community behavior. The prosecutor, each of them should bear in mind, is concerned that a pattern of behavior in society be established and maintained; and his performance will determine, in part, his success in this responsibility. Generally, in Utah, the city prosecutor, besides prosecuting violations of city ordinances, will serve as advisor on criminal law to the City Commission, which adopts the He will serve as ordinances advisor of the city law enforcement agency as to the meaning and application of the criminal ordinances. The county attorney or his deputies may prosecute violations of state misdemeanors relies a prosecutor serve when he seeks judge- hs ment for an offense more serious than is indicated in the evidence before him? Should he bargain a criminal case to purchase a conviction on any count after an arrest has been made? Should he shoot for the top and let the jury bring it down to proper level? Should he shoot for the top so he can have an instrument to bargain for a plea on a lesser charge? upon the May a prosecutor, under the weight of responsibilities he cannot void, perform outside the limits of courage and good conscience? These questions always before the prosecutor, often are of more consequence than Guilty or "Not Guilty. for the money for the service ta free wmy Sum m Pwtfc Ail few wtm 1m Marti button herdwve Itsnt tmim oporouM fanned. d, AIDER'S Installing Distributors 96u So lJ!n IM4-644- 4 GIVE OLI) (TtOW wnijipod in Good Vislic DEC. 17 to 25 w, SPECIAL I ' victor BUONO rutaLEE - Saturdays. 7 HOLIDAY MATINEES 3 EVENING PERFORMANCES - Mon thru Fn. 4 30 2 30 8 15 PM. Dec 17, 18 and 23 Rill Itnttil 0pm Dvd 0 M'Ki) Hoipitel DEC. 27, to JAN. 1 IN PERSON! IfeteHf 1 nuuoirr woubm WKiiiir And The OSMOND BROTHERS AHfMDQMGIiS 2 srf. SEATS NOW ON SALE AT BOX OrNCE! MiimmvLL Music Mill P 0 8oi 222. Noctti Silt Uk r UUli T2 CaOILILmET-SISIl?PBKIISClTlll2'- - Inlaiv5ln)0 OS munity? Does (iSQZS? A civil action asking d.i tinges totaling $30,000 was idni in Third District Conn !y L. C. Suhm as guardian f. r Gloria Suhm, plaintiffs, alleging breach of contrail and wrongful use of model pimbi-graptaken in 13G3 The suit states that (,l ,na Suhm, on March 26, 1063. w is given $400 for a senes ..f photos taken to develop tier talents as a model; that thev were taken under an agreement that they would be in good taste as to quality md subject matter and would be circulated to national advertising agencies. Photos not conforming to the agreement weredistnt the action aHeges, to the 10 John Does and five agencies Some photos were used bv Palm Springs and Uurujieun Health Service and in The Oregonian on July 6. 1965, the action alleges dismissal contribute to the image of Justice in the comJustice ad Taste liarged M ode I What is the final objective of each criminal prosecution? What does a conviction or a prosecutor as his principal source of advice on the law The district attorney in Utah prosecutes the felony trial before a district court judge or jury. He receives for prosecution a case that may have been won or lost for him while the case was in the custody of the county W ith the case as it attorney comes to him, the district attorney inherits all the finesse or the legal blundering that an inexperienced or deputy county attorney may have entered into the record. C December 9. 1965 A iMji 1 E l?snlilnld I Dd El o &-9fh"- 'a sr pnuG w P" 6u 'poitV ,11 8 VP- -' ,psund AM ' s A, to ftikm at oft Of(, v BARBER .S.,1 SHOP 1 Personalized Service pUtt to 9-- TV4 AM PA Y Lasater uttis 09i , 6 8- -6 weekdays Saturday - Closed Sunday s? less C LEAKERS O m At Your Service 8-5- 53 ass-- w 3; Margery Nell v Santa Will Be Here Again 55 wtff sT r'u, "lift i wore 1 j REYUOLOS ttW. u -- y Johns'1 drills Hot Casual Wear For The Family 000D CHRISTMAS SELECTION! AVAILABLE IN EVERY STORE t0AN On Sat Dec. 18 From 12:00 Til 6PM FREE CANDY for the KIDS |