how does the us attorney choose cases

How Does the Division Decide What Cases to Bring? Generally, section attorneys review incoming complaints and conduct research to identify potential civil investigations. Based on that work, the attorney may recommend that the section chief authorize an investigation.

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What are the decisions a lawyer makes in a case?

In broad terms, the decisions a lawyer makes in a case are related to strategy or tactics, or technical questions related to procedure. These decisions are the lawyer’s because they usually do not “materially affect” the client’s interests.

How does a prosecutor make a decision on a case?

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). The police complete an arrest report soon after they make an arrest and then quickly forward the report to a prosecutor assigned to do case intake.

What is the difference between the US attorney and the USAO?

The U.S. attorney is both the primary representative and the administrative head of the Office of the U.S. Attorney for the district. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate.

How does the Supreme Court decide to get involved in cases?

Here, the Supreme Court can decide to get involved by accepting the case, or it can simply decline to hear the case, which would make the decision of the federal appellate court a final one, not reviewable elsewhere.

How are US attorneys chosen and what is their term length?

U.S. Attorneys are appointed by the President and confirmed by the Senate, and they serve terms of four years or at the President's discretion.

How does the DOJ decide what to investigate?

Generally, section attorneys review incoming complaints and conduct research to identify potential civil investigations. Based on that work, the attorney may recommend that the section chief authorize an investigation.

How are United States Attorneys chosen?

Appointment. U.S. attorneys are appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified.

What does the US attorney general investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

How do you know if FBI is investigating you?

The most common signs of being under investigation include talking to your friends, employees acting abnormally, and even an investigator leaving a business card on your door. Oftentimes, if the DOJ or FBI brings you under its investigation 'claws,' they may not confirm that you are a target.

How are federal US attorneys selected quizlet?

The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Who appoints the US attorney general?

The PresidentThe President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L.

How many US attorneys are there in New York?

Below is a listing of current United States Attorneys for all 94 districts....U.S. Attorneys Listing.DistrictUnited States AttorneyNew York, EasternBreon S. Peace *New York, NorthernCarla B. Freedman *New York, SouthernDamian Williams *New York, WesternTrini E. Ross *89 more rows

Can my attorney go to court for me?

If you are a perpetrator of a misdemeanor, your attorney is allowed to appear in court for you. He/she may defend your rights without your presence on your behalf at all stages of your case.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. 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.

What is the job of an Attorney General?

The primary responsibility of the Attorney-General is to protect, preserve and promote the rule of law.

What happens if the judge decides all or part of a case against you?

If the judge decides all or part of the case against you, you can then appeal the case to a higher court. When you have appealed as far as possible, you can consider appealing to the U.S. Supreme Court. Thank you for subscribing!

Where do you file a lawsuit in a state?

A case that involves only an issue of state law or parties within a state will likely stay within the state court system where that state's supreme court would be the last step. Assuming the case is capable of being heard by the U.S. Supreme Court, the first step, most of the time, is to file a lawsuit in your local state or federal court.

What happens when a lower court disregards a Supreme Court decision?

The Court hears Cases when Lower Courts Disregard past Supreme Court decisions: If a lower court blatantly disregards a past Supreme Court decision, the court may hear the case to correct the lower court, or alternatively, simply overrule the case without comment.

How many certiorari cases are heard in the Supreme Court every year?

Every year, the Supreme Court receives about 10,000 petitions for certiorari, but only hears about 80 of them. While no one really knows why some cases get heard but others do not, the Supreme Court has several factors that it considers when deciding what cases to hear:

How many circuits does the Supreme Court hear?

The Court will Hear Cases to Resolve a Conflict of Law: The U.S. judicial system consists of 13 federal circuits and 50 state supreme courts. When a number of these courts reach different conclusions about an issue of federal or constitutional law, the Supreme Court may step in and decide the law so that all areas of the country can then operate ...

How has the Supreme Court shaped history?

United States Supreme Court decisions have shaped history: important decisions have ended racial segregation, enforced child labor laws, kept firearms away from schools, and given the federal government the teeth it needs to regulate interstate commerce.

Can a case be heard in the Supreme Court?

It is important to note up front that not just any case can be heard by the U.S. Supreme Court. A case must involve an issue of federal law or otherwise fall within the jurisdiction of federal courts. A case that involves only an issue of state law or parties within a state will likely stay within the state court system where ...

What does a section attorney do?

Generally, section attorneys review incoming complaints and conduct research to identify potential civil investigations. Based on that work, the attorney may recommend that the section chief authorize an investigation. If the section chief approves the investigation, the chief assigns one or more attorneys to it.

What to do after an investigation is completed?

After completing the investigation, the investigating attorney may recommend filing suit or closing the investigation. If the attorney recommends closing the investigation, he or she writes a memorandum to the section chief that explains the reasons for that recommendation.

How long does an investigation last?

Depending on the complexity, investigations can last from a few months to more than one year.

Who is responsible for presenting the case against an individual suspected of breaking the law?

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.

When was the Office of the Attorney General created?

History and statutory authority. The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up ...

Can a citizen represent the United States in court?

However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen, provided they are represented by an attorney, can represent the interests of the United States, and share in penalties assessed against guilty parties.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

Why do prosecutor files shoplifting charges?

For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Can a police officer file charges based on probable cause?

Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt. Prosecutors can also take a broader perspective.

What does "take it all the way to the Supreme Court" mean?

That simple phrase conveys two important facts: A Supreme Court hearing is the final stop for a court case; and a case that appears before the justices has traveled a long road.

What does the Supreme Court do when one court rules one way and another court rules another?

In situations in which one court has ruled one way and another court has ruled another, the Supreme Court justices may choose to intervene and clarify the law. The court also hears cases that answer important constitutional questions, like the extent of state powers.

Why do petitioners go to Washington DC?

The petitioners hope the Supreme Court justices will then invite counsel from both sides to Washington, D.C., to make their arguments so the court can settle the issue once and for all. The cases that do appear before the high court typically have some unique features. The lower courts may have disagreed on an issue.

Why can't the Supreme Court hear all cases?

The Supreme Court simply cannot grant a hearing to all the cases it receives. One reason is time. The court operates only nine months out of the year and has other business to attend to beyond reviewing and hearing new cases. Another reason is merit. Not every petition is appropriate for the Supreme Court to accept.

How many circuit courts are there in the US?

The federal government currently has 94 district courts and 13 circuit courts, as well as Bankruptcy Court and the Court of International Trade.

What do justices do on Wednesdays?

On Wednesdays and Fridays, the justices gather in a private conference to make a decision.

Can petitions be accepted by the Supreme Court?

Not every petition is appropriate for the Supreme Court to accept. The U.S. Constitution specifies certain kinds of cases the Supreme Court has the power to consider and rule on, including cases that relate to treaties, diplomats and disputes between states. In most situations, though, petitioners want the court’s nine justices to reconsider ...

What are tactical decisions?

Tactical or strategic decisions may involve the following: 1 the choice of motions; 2 the scope of discovery; 3 which witnesses to call; 4 the substance of the direct and cross-examination.

Do you have to abide by client wishes?

The ethical rules, however, hold that if the strategic decision would not materially prejudice the rights of your client, as in this situation, you do not have to abide by your client’s wishes. Generally, on issues of court procedures, granting continuances and extensions, and waivers of procedural formalities, the lawyer has discretion.

How to get a case to the Supreme Court?

The most common way for a case to reach the Supreme Court is on appeal from a federal circuit court, which itself is a court of appeals. So one of the parties would be appealing the decision reached on appeal. A party to a case who wants to appeal a decision of a federal circuit court files a petition to the Supreme Court for a writ of certiorari, ...

How many justices are needed to hear certiorari?

If it does choose to hear a case, it will take a vote of only four of the nine justices to do so. Depending on the exact nature of the case behind the writ of certiorari, the 6-3 conservative majority could prove a powerful aid or obstacle to getting those four required votes.

What is a petition for certiorari?

A party to a case who wants to appeal a decision of a federal circuit court files a petition to the Supreme Court for a writ of certiorari, or cert for short. “Certiorari” means “to inform” in Latin, which speaks to informing the Supreme Court that the party would like the circuit court's decision to be reviewed.

What is original jurisdiction?

The concept of original jurisdiction means that rather than a case coming to the court via other courts (state supreme court or federal appellate court) the case begins at the Supreme Court .

What is the first and most critical thing to understand about the functioning of the Supreme Court?

The first and most critical thing to understand about the functioning of the Supreme Court addresses what is really a common public misconception. Most voters are unaware that the Supreme Court does not have to accept any case. The idea that a case winds its way through the system and when it arrives at the Supreme Court, ...

Which court is the final authority on state law?

Each state has its own supreme court that is the final authority on state law. The vast majority of cases in any given state end there. Again, the Supreme Court is highly selective about any case it chooses to hear.

Can a case wind its way through the court system?

The idea that a case winds its way through the system and when it arrives at the Supreme Court , the justices must hear the case is inaccurate and completely impractical. So, cutting right to the chase, it is theoretically and practically possible that any election-related case that rapidly climbs through the court system ...

How are state judges selected?

Selection of State Court Judges. How state court judges are selected varies by state. States choose judges in any of the following ways: Appointment: The state's governor or legislature will choose their judges. Merit Selection: Judges are chosen by a legislative committee based on each potential judge's past performance.

Who nominates judges for the Supreme Court?

These include the federal trial courts, appellate courts, and the Supreme Court. The judges for these courts are nominated by the President and confirmed by Congress. Once in office, the judges can remain in their positions for life. Thank you for subscribing!

How many types of courts are there in the United States?

The answer is: It depends on the court. There are two major court systems in the United States. On one track, federal courts decide cases that involve parties from different states, federal laws, or constitutional rights. The federal courts are split into two categories: Article I courts, and Article III courts.

What are the two types of federal courts?

The federal courts are split into two categories: Article I courts, and Article III courts. The alternative (and more commonly used) system of courts are the state courts, which decide cases that involve state law, as well as other cases that do not fall within federal courts' jurisdiction.

How long do federal judges serve?

These can include bankruptcy courts, tax courts, and certain military courts. Judges are appointed by Congress and serve for 10 years, after which they may be reappointed.