Legal Experts Explain Why The Ferguson Grand Jury Was Set Up For Failure

[branford]

39. That's not correct.

I've been a trial attorney for over 17 years, and I can assure you that any lawyer knows that the prosecuting attorney in any potential and actual criminal matter always represents the state, never the victim. This nuance is more than just a technicality, and can be quite substantial in terms of duties, obligations and ethical concerns. Even at the charging or grand jury stage, the prosecutor still represents the state. At all times the alleged victim is a witness, possibly indispensable to the prosecution, but still only a witness.

Of course, prosecutors generally work quite closely with the victim / complaining witness, obviously can be quite sympathetic and accommodating to their needs and concerns, and may vigorously prosecute the particular matter to see that justice done, both for the victim and state. However, the prosecutor's duty to the state always transcends and is separate from the victim. For instance, a prosecutor does not need the victim's consent for plea arrangement, but may nevertheless still seek approval due to simple comity.

The only time a victim is represented by a lawyer is if they retain one themselves. Sometimes victims retain their own counsel at various stages of a criminal trial, including before filing a complaint with police or prosecutors, in order to protect their legal interests, help them through the process, or any other ancillary matters, including preparing for a later civil complaint. A victim / plaintiff also requires their own lawyer (if not pro se) in order to engage in civil litigation.