Understanding the Prosecutor's Role

Government 101 Series: Prosecutors

In my last newsletter, I explained the different jurisdictions of law enforcement in Idaho and who they are accountable to. Enforcing laws is only the beginning. Should an arrest occur, the proceeding actions in the process of “law enforcement” becomes critical to understand.

Most people think of law enforcement as police officers interacting with the public, responding to a call, or making an arrest. Those are important duties, but officers DO NOT decide whether a criminal case moves forward in a court of law. That decision belongs to the prosecutor.

Police officers investigate crimes, gather evidence, write reports, and make arrests when appropriate. After that, the case is sent to the prosecutor, be it city, county, state or federal, depending upon the type of crime.

The prosecutor reviews the evidence and decides:

• Should charges be filed?

• What charges should be filed?

• Is there enough evidence to win in court?

• Should the case be dismissed or prosecuted?

Without a prosecutor filing charges, an arrest alone DOES NOT result in a criminal conviction.

In simple terms, police officers investigate crimes and prosecutors enforce criminal laws through the court system.

What Does Idaho Law Say?

Many Idahoans assume that police departments are primarily responsible for enforcing state laws. While they play an important role, Idaho law says something different:

Idaho Code 31-2227 states that the primary duty of enforcing Idaho’s criminal laws in court is vested in the county sheriff and the county prosecuting attorney.

That means the prosecutor is not just another attorney. The prosecutor is one of the key officials responsible for making sure Idaho’s criminal laws are actually enforced.

Just like sheriffs, county prosecutors are elected by the people. Citizens often pay close attention to sheriff elections, but prosecutor elections may have an even greater impact on how laws are enforced.

A prosecutor can choose to aggressively pursue certain crimes, focus resources on specific problems, or in some cases decline to pursue certain offenses. These decisions can significantly affect public safety and how justice is carried out in a community.

Understanding who does what helps citizens know where accountability lies. When it comes to deciding whether criminal laws will actually be enforced in court, prosecutors play one of the most important roles in Idaho’s justice system.

The more citizens understand how government works, the better equipped we are to hold public officials accountable and participate in our Republic.

In Liberty,

Rep. Heather Scott