Enhancing Police and Prosecutors Relationships, Coordination and Processes.

• Author: Wennar, Jeffrey T.

THE RELATIONSHIP between a prosecutor's office and a police department is subtle, nuanced, and depends on various factors including personal relationships. Despite competition and personalities, police and prosecutors must work together to effectively meet the responsibilities of their roles within the criminal justice system.

In general, the registered voters of each county elect the prosecutor. That prosecutor then appoints deputy and/or assistant prosecutors. Those deputies and/or assistants, depending on the state, may be merit employees with full civil service protections or at will employees who serve at the pleasure of the elected prosecutor.

Likewise, the voters of each county elect a sheriff. That sheriff, and the office of sheriff, may have full or limited law enforcement responsibilities depending on the county. Towns, cities and counties may have police departments--the chiefs of which are appointed by mayors, county executives or boards of supervisors. Superintendents of state police are usually appointed by the governor of that state. Not all counties or political subdivisions are structured the same in terms of law enforcement.

The elected prosecutor and elected sheriff are answerable to the voters every election cycle. The issues important to voters may vary depending on the jurisdiction, and elected officials are sensitive to voters' concerns. Police chiefs are also answerable to the voters indirectly but serve at the discretion of the entity that appointed them. Those elected executives are directly answerable to the voters and are held accountable for the actions of the police departments they oversee.

Although prosecutors and police are part of the executive branch of government, they are beholden to the legislative branch which approves the budget for that agency Relationships can be personality driven, and competition for funding can be problematic.

Police officer's responsibilities include investigating crime, while the prosecutor has the responsibility of charging those responsible for committing the crime, and prosecuting those charged with a crime, while at the same time assuring that the rights guaranteed by the United States Constitution to criminal defendants are strictly adhered to.

Police officers and prosecutors share the public safety mission yet are separate but equal partners in the American criminal justice system. Within that system they are independent entities yet must rely upon each other to accomplish their respective duties. "Law enforcement functions best when police and prosecutors work in harmony for the public good. Though our spheres of authority in the field of law enforcement are separate and distinct, we still have a common bond: the proper and effective administration of the criminal law." (Kennedy, 1959) Both the police and prosecutors have a fidelity to the law, and a duty to preserve the laws of the land and protect the system within which those laws are applied. In performing their jobs, police and prosecutors see the worst that human beings have to offer. The public does not see what police and prosecutors see on a daily basis, nor does the public see how police and prosecutors respond to their jobs daily

Each of these two facets of the American criminal justice system must know, understand and appreciate the challenges and obligations the other faces in performing their role. Working together, appreciative of how the other functions, can only enhance, bring transparency, and establish credibility within the criminal justice system.

"In general,... American police officers handle the investigative phase of a case with almost complete autonomy. When they finish the investigation, the police then hand off the case to prosecutors, who bring and pursue charges against defendants in court." (Harris, 2011) This interaction occurs on a regular basis throughout the United States in state and local courthouses.

Prior to becoming a sworn police officer, police recruits attend a training academy Training in all academies includes defense tactics, driving, weapons proficiency, rules of criminal law and procedure, etc. Although the basic academy courses are consistent throughout the United States, the time spent training those new officers varies from jurisdiction to jurisdiction.

Both police and prosecutors must be trained and educated regarding the functions of the other's role within the criminal justice system. Learning about each others roles in the criminal justice system will only enhance the communication...