What is the role of the prosecution in a criminal case?
In South Carolina, the prosecution is responsible for initiating a criminal case and proving guilt beyond a reasonable doubt. The prosecution, typically a state attorney, is tasked with gathering evidence to build a case against the accused and preparing to present it in court. The prosecution is the only entity that can decide to file criminal charges against a person. The prosecution has the burden of proof throughout the trial. This means that the prosecution must provide evidence that proves the accused committed the crime beyond a reasonable doubt. They may do this by offering witness testimony, physical or circumstantial evidence, and other relevant data to demonstrate the accused’s guilt. The prosecution is also in charge of negotiating any plea deals with the defense. Plea deals are when both sides agree to an accepted penalty in exchange for the accused’s guilty plea. This typically happens to avoid the expense of a full trial. Finally, the prosecution is responsible for representing the victims in court. This duty includes making sure the victims are protected throughout the proceedings and that their rights are not violated. The prosecution also has the responsibility of ensuring the victims’ concerns are taken into account during the sentencing phase of the trial.
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