district judge district attorney who is more powerful

What is the difference between a judge and a district attorney?

The District Attorney is primarily responsible for the investigation and prosecution of all crimes and public offenses that may occur within the D.A.'s circuit. A judge, on the other hand, is clearly a part of the Judicial...

How much discretion can a district attorney have?

Case law makes it clear that district attorneys may exercise a great deal of discretion in carrying out their duties, but the outer limits of their discretion are not clearly defined.

What can a district attorney do for You?

District Attorneys also have a powerful tool to help “resolve” cases: mandatory minimums. These are statutorily mandated sentences that cannot be reduced by a judge. People serving mandatory minimums do not receive credit for participation in programs or for positive behavior while incarcerated.

What is the equivalent of a district attorney in Canada?

In Canada, the equivalent position to a district attorney is a crown attorney, crown counsel or crown prosecutor depending on the province, and the equivalent to an assistant district attorney is the assistant crown attorney, assistant crown counsel or assistant crown prosecutor respectively.

Is the DA more powerful than a judge?

Journalist Emily Bazelon says most prosecutors, not judges, are the most powerful people in a courtroom.

What is higher than a DA?

The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys. But only rarely does a state attorney general discipline a county or city D.A. for prosecutorial misconduct.

Who has the most power in a courtroom?

The Supreme Court is the most powerful court of law in the United States. It was authorized by Article III, Section 1 of the Constitution. It says, "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Who are the most powerful people in the justice system?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Which is higher lawyer or prosecutor?

A prosecutor and a defense attorney are both lawyers who have completed law school and passed the bar examination. However, a defense attorney defends the individual that a prosecutor is trying to convince the jury is guilty.

What is a district attorney do?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

Who is the most powerful judge?

The chief justice of the United States is the chief judge of the Supreme Court of the United States and the highest-ranking officer of the U.S. federal judiciary.

Why are prosecutors more powerful than judges?

Because punishment for a crime is largely determined by the sentence that lawmakers have established in the criminal code, the prosecutor often has more power over how much punishment someone convicted of a crime receives than the judge who does the actual sentencing.

Are Attorneys powerful?

They have the power to shape or break a society, to bring about major changes, and to hold powerful positions in a state's ruling body, the government. As a result, lawyers can influence top policymakers, tycoons, businessmen, and leaders, as well as affect the overall world through effecting change.

Who is the most powerful in the criminal justice system?

prosecutorsAs the most powerful decision-maker in our criminal system, prosecutors have the ability to curb mass incarceration. Prosecutors exercise tremendous control over who enters the criminal system, how each case will be resolved, and whether incarceration will be a part of that resolution.

Who is the gatekeeper of the criminal justice system?

Police officersD. Police officers are the gatekeepers of the criminal justice process, and they use their power of arrest to initiate the criminal justice process.

What is the most powerful tool in the criminal justice system?

Discretion provides freedom to make decisions, specifically it is the power to make decisions on issues within legal guidelines. Many people see discretion as for the most powerful tool of the criminal justice system.

What is the role of a district attorney in Massachusetts?

District Attorneys are among the most powerful people in the criminal legal system in Massachusetts, and play a major role in determining the way criminal cases are initiated and ultimately resolved. They wield a substantial amount of power throughout the judicial process – from charging decisions to sentencing recommendations.

What does the local district attorney do when the police arrest someone?

When the police arrest someone and charge them with a crime in district court, the local District Attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether .

Can a judge order bail?

Here’s where the DAs come in: it is rare for a judge to order bail if the local District Attorney’s office has not made a request for bail. Despite the presumption of innocence, the court will oblige the prosecutor’s request and order people to be held unless bail is paid or other restrictions – like travel limitations –followed.

Can a DA revoke bail?

In addition to making the initial bail request, DAs can ask a judge to revoke a person’s bail and take them back into custody, even if they previously made bail. The DA’s office also has the responsibility of providing the evidence they will use to prosecute the case to the person charged.

What court of appeals held that the Justice Department may engage in the often-controversial deals it uses to

The U.S. Court of Appeals for the DC held that the Justice Department may engage in the often-controversial deals it uses to punish large companies without leaving the scar of a criminal conviction that might threaten their existence when it comes to things like a banking license.

When a judge is said to exercise a discretion, it is a mere legal discretion, a discretion to

“When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.”

Who has the power to lay and collect taxes, duties, imposts and excises?

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Who has the discretion to enforce laws created by Congress?

The president and everything within the executive branch has the discretion to enforce the laws created by Congress. That bluntly means that the people have absolutely no say whatsoever in government for they pretend to elect “representatives” who can legislate but the president need not listen.

Is the judicial branch always exercising its power?

Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.”. id/22 US 866.

What are the duties of a district attorney?

Statutory responsibilities. G.S. 7A-61 requires the district attorney to do the following: 1 prepare the trial dockets; 2 prosecute in a timely manner all criminal actions and infractions requiring prosecution in the superior and district courts of the districtattorney’s prosecutorial district; 3 advise the officers of justice in the districtattorney’s district; 4 represent the State in juvenile cases in the superior and district courts in which the juvenile is represented by an attorney; 5 provide to the Attorney General any case files, records and additional information necessary for the Attorney General to conduct appeals to the Appellate Division for cases from the districtattorney’s prosecutorial district; and 6 devote his or her full time to the duties of his office and not engage in the private practice of law.

What is the role of a district attorney in North Carolina?

Section 18 requires the district attorney to “advise the officers of justice in his district,” and makes the district attorney “responsible for the prosecution on behalf of the State ...

Why is prosecutorial discretion important in North Carolina?

The North Carolina Court of Appeals has explained that prosecutorial discretion is necessary to weigh “such factors as the likelihood of successful prosecution, the social value of obtaining a conviction as against the time and expense to the state, and the prosecutor’s own sense of justice in the particular case.”.

What are the benefits of a prosecutors' weighing of case specific factors?

As the court of appeals noted in Rogers, society benefits from a prosecutors’ weighing of case specific factors including the social value of obtaining a conviction, the time and expense to the State, and the prosecutor’s own sense of justice.

Does Kansas City prosecute marijuana?

Prosecutors in St. Louis and Kansas City announced last year their plans not to prosecute marijuana possession cases, subject to certain exceptions. Boston’s newly elected district attorney, Rachel Rollins, campaigned on a promise to decline to prosecute fifteen enumerated charges, including shoplifting, larceny under $250, trespassing, ...

What is a district attorney?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

What is the jurisdiction of a district attorney?

The geographical jurisdiction of a district attorney may be delineated by the boundaries of a county, judicial circuit, or judicial district. Their duties generally include charging crimes through informations and/or grand jury indictments.

What is a prosecutor district?

This term for a prosecutor originates with the traditional use of the term "district" for multi-county prosecutorial jurisdictions in several U.S. states. For example, New York appointed prosecutors to multi-county districts prior to 1813.

What does a county attorney do?

For example, in Arizona, Missouri, Montana, and Minnesota a county attorney represents the county and state within their county, prosecutes all felonies occurring within the county, and prosecutes misdemeanors occurring within unincorporated areas of the county.

What is a county prosecutor in Ohio?

In Ohio a county prosecutor represents the county and state within their county, prosecutes all crimes within the county, and is legal adviser to the board of county commissioners, board of elections, and all other county officers and boards.

What is the role of a prosecutor?

In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).

What is a DA?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.