2 answers
1
Question
Asked
1098 views
What is the hardest part of being a criminal prosecutor?
One fun fact is, I love history. I am very passionate about learning everything that ties up to history, I also love anything involved with court cases. I look forward to becoming a lawyer. #work life #attorney #business-lawyer
Login to comment
2 answers
Updated
charles’s Answer
Abrianna P,
You have posed an interesting question. I’m not the best attorney to answer your query about what a criminal prosecutor finds to be the hardest part of the job, so please take my response with a grain of salt – it is based on what I have observed of criminal trials (including two murder cases in which I was a prospective juror and an insurance fraud case); and what I have learned from friends who became public prosecutors.
The hardest part of this job is the pressure of jury trials following one after the other. In other areas of law, by far most of the cases settle – typically over 90% of business, torts, and contract disputes. Civil litigation cases also generally involve much more written discovery and many more depositions, including those of expert witnesses. After the discovery process ends, parties conduct a cost-benefit analysis and determine if they can receive enough money (or collect enough) to warrant a settlement. It is entirely different for a prosecutor, who must turn over all evidence to the criminal defense attorney – “free discovery”, so to speak. A prosecutor’s “client” is not any particular individual (although they pay close attention to the victims); they can only continue with prosecution if it is in the public’s interest and the DA's office concludes that there is enough evidence to prevail at trial. Although prosecutors are involved in a good deal of law and motion work, these hearings are conducted with a looming trial in the background. They submit briefs pertaining to admissibility of evidence and what specific instructions to provide to jurors at the conclusion of Trial.
So, I would say that the hardest part of being a criminal prosecutor (at least for me, as a workers’ compensation defense attorney, is the pressure of conducting many more trials than typically occur on the civil litigation side. Prosecutors are generally either in trial or preparing for trial, whereas in other litigation cases the primary focus is on litigation and discovery work, given the high percentage of cases that settle. However, just because I perceive this as the hardest part of the job, does not mean that you would agree. If your personality predisposes you to loving trial work, then you will be happy as a public prosecutor. In fact, a criticism that I’ve heard from my friends who have switched from the practice of civil to criminal law, and joined the District Attorney’s office as a prosecutor, is that they were bored in civil practice They like and seek out the challenges and thrill of trial work.
Another less positive aspect of working in the District Attorney’s office is that salaries are generally less than for the same type of work (heavy trial calendar) on the civil side.
I hope this answer has assisted you in your continuing quest to determine what area is the best fit for you after you graduate from law school and pass the State Bar Exam.
You have posed an interesting question. I’m not the best attorney to answer your query about what a criminal prosecutor finds to be the hardest part of the job, so please take my response with a grain of salt – it is based on what I have observed of criminal trials (including two murder cases in which I was a prospective juror and an insurance fraud case); and what I have learned from friends who became public prosecutors.
The hardest part of this job is the pressure of jury trials following one after the other. In other areas of law, by far most of the cases settle – typically over 90% of business, torts, and contract disputes. Civil litigation cases also generally involve much more written discovery and many more depositions, including those of expert witnesses. After the discovery process ends, parties conduct a cost-benefit analysis and determine if they can receive enough money (or collect enough) to warrant a settlement. It is entirely different for a prosecutor, who must turn over all evidence to the criminal defense attorney – “free discovery”, so to speak. A prosecutor’s “client” is not any particular individual (although they pay close attention to the victims); they can only continue with prosecution if it is in the public’s interest and the DA's office concludes that there is enough evidence to prevail at trial. Although prosecutors are involved in a good deal of law and motion work, these hearings are conducted with a looming trial in the background. They submit briefs pertaining to admissibility of evidence and what specific instructions to provide to jurors at the conclusion of Trial.
So, I would say that the hardest part of being a criminal prosecutor (at least for me, as a workers’ compensation defense attorney, is the pressure of conducting many more trials than typically occur on the civil litigation side. Prosecutors are generally either in trial or preparing for trial, whereas in other litigation cases the primary focus is on litigation and discovery work, given the high percentage of cases that settle. However, just because I perceive this as the hardest part of the job, does not mean that you would agree. If your personality predisposes you to loving trial work, then you will be happy as a public prosecutor. In fact, a criticism that I’ve heard from my friends who have switched from the practice of civil to criminal law, and joined the District Attorney’s office as a prosecutor, is that they were bored in civil practice They like and seek out the challenges and thrill of trial work.
Another less positive aspect of working in the District Attorney’s office is that salaries are generally less than for the same type of work (heavy trial calendar) on the civil side.
I hope this answer has assisted you in your continuing quest to determine what area is the best fit for you after you graduate from law school and pass the State Bar Exam.
Updated
Desiree’s Answer
Full disclosure: I am not a criminal attorney (prosecution or defense). However, I have friends who are.
I understand that some of the most challenging parts of the job on the prosecution side are: (1) politics (every job has "office politics" but the DAs job - and hence the whole office - can be politicized by actual politicians), (2) the use of so-called "prosecutorial discretion" in ways inconsistent with one's personal values (i.e., prosecutorial discretion is when a prosecutor decides whether or not to charge a defendant for a crime and, if so, for which crimes/criminal charges); and (3) seeing alleged criminals beat the charges and return to the community. That said, there are clearly rewards to being part of the system that protects communities from criminals.
You can research this job on-line - there are many great on-line resources (see for example, https://corporettemoms.com/work-life-balance-prosecutor-small-town/ https://www.indeed.com/career-advice/careers/what-does-a-prosecutor-do https://www.lawyers.com/legal-info/criminal/criminal-law-basics/keeping-law-and-order-the-prosecutor.html ). Also, you can reach out to your local town/county/state DA's office and ask for an informational interview with a attorney to talk them about their career path (best if you can research the local DAs and make a specific request of a specific person).
Research this job on-line.
Research the local DAs (your local town/county/state), identify a couple of attorneys you'd like to speak with, and contact them for an informational interview to talk them about their career path (by phone or Zoom).
I understand that some of the most challenging parts of the job on the prosecution side are: (1) politics (every job has "office politics" but the DAs job - and hence the whole office - can be politicized by actual politicians), (2) the use of so-called "prosecutorial discretion" in ways inconsistent with one's personal values (i.e., prosecutorial discretion is when a prosecutor decides whether or not to charge a defendant for a crime and, if so, for which crimes/criminal charges); and (3) seeing alleged criminals beat the charges and return to the community. That said, there are clearly rewards to being part of the system that protects communities from criminals.
You can research this job on-line - there are many great on-line resources (see for example, https://corporettemoms.com/work-life-balance-prosecutor-small-town/ https://www.indeed.com/career-advice/careers/what-does-a-prosecutor-do https://www.lawyers.com/legal-info/criminal/criminal-law-basics/keeping-law-and-order-the-prosecutor.html ). Also, you can reach out to your local town/county/state DA's office and ask for an informational interview with a attorney to talk them about their career path (best if you can research the local DAs and make a specific request of a specific person).
Desiree recommends the following next steps: