Constitutional Role of Prosecutor

Prosecutor as a Constitutional OfficerBy

David N. PowellExecutive Director

Indiana Prosecuting Attorneys Council

Index

1. Historical Origin of Office2. Indiana Constitution 3. Indiana Code4. Discretionary Powers5. Limits to Discretion6. What might the future look like?

1. Historical Origin of Office

2. Indiana Constitution

That’s it!

2. Indiana Constitution

3. Indiana Code

The Duties are defined in Title 33, Article 39 of the Indiana Code.•Duties 33-39-1-4 (investigator role)

a) INVESTIGATE. Investigate allegations involving misdemeanors and felonies

b) CHARGE. If a reasonable presumption of guilt exists, reduce the allegation to writing, subscribed and sworn to, & issue process for apprehension

3. Indiana Code

The Duties of Prosecuting Attorney are defined in Title 33, Article 39 of the Indiana Code.•Duties 33-39-1-5 (forensic role)

1. Prosecute felonies, misdemeanors or infractions and all suits on forfeited recognizances;

2. Superintend, on behalf of counties trust funds3. All other duties required by law

4. Discretionary Powers

4. Discretionary Powers

5. Discretionary Limits

5. Discretionary Limits

5. Discretionary Limits

5. Discretionary Limits

5. Discretionary Limits

5. Discretionary Limits

6. The Future?