Module 5

Preparing and presenting a case: theory, witnesses, advocacy, pleas and sentence

Most of a prosecutor’s work is not in the courtroom, and most of the courtroom is not speeches. A trial that goes well is usually one that was well prepared: the evidence organised, the witnesses ready, the legal points settled and the story clear. This module follows that preparation and then the trial: the case theory, the witnesses, the exhibits, the opening, the questioning, the closing, the plea discussions that precede and often replace trials, the sentencing submissions and appeals. The detail differs between adversarial systems, where the prosecutor leads the evidence, and inquisitorial ones, where the judge often leads, but the discipline of preparation and the duty of fairness are the same. See also On Your Feet and Across the Table.

General education on the work of a prosecutor across legal systems, using invented people, offices and cases. It is not legal or career advice. Criminal procedure, disclosure rules, standards of proof and routes into the profession differ between countries and change: check the rules that apply to you with the prosecution service and the profession.