Depending on the nature of the crime, the initial investigation will be carried
out by the police, the prosecutor’s office, or the grand jury. The ultimate
decision to prosecute is reserved to the prosecutor. This is an important
safeguard to prevent aggrieved victims or political enemies from forcing the
prosecution of innocent individuals. Prosecutors have a unique role in the legal
system in that their duty is to see that justice is done, not just to prosecute
every case they think they can win. The prosecutor should not file a case
unless he or she believes that the defendant is guilty. Although this is certainly
abused in some circumstances, most prosecutors take the duty seriously. This
is very different from the defense attorney, who should not be concerned with
the guilt or innocence of the defendant, but only with poking holes in the
prosecutor’s case. The victim does not prosecute the criminal case and does
not have the right to determine if the state will prosecute.