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Constitutional Role of Prosecutor
Prosecutor as a Constitutional OfficerBy
David N. PowellExecutive Director
Indiana Prosecuting Attorneys Council
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Index
1. Historical Origin of Office2. Indiana Constitution 3. Indiana Code4. Discretionary Powers5. Limits to Discretion6. What might the future look like?
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1. Historical Origin of Office
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2. Indiana Constitution
That’s it!
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2. Indiana Constitution
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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
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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
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4. Discretionary Powers
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4. Discretionary Powers
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5. Discretionary Limits
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5. Discretionary Limits
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5. Discretionary Limits
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5. Discretionary Limits
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5. Discretionary Limits
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5. Discretionary Limits
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6. The Future?