what is the role of a us attorney quizlet

Under 28 U.S.C. § 547, the role Attorney is to: (1) prosecute criminal cases brought by the federal government; (2) prosecute or defend civil cases where the United States is a party; and (3) collect debts owed to the federal government when administrative agencies are unable to do so. What are the functions of amicus curiae briefs AP Gov?

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What is the role of a defense attorney?

Role of the Defense Attorney. In fact, the role of a defense attorney is not much different from what you see on television. Whether he deals with criminal or civil cases, a defense attorney is an advocate for the accused, charged with protecting his client's interests and making sure the law works as it should.

What is the role of the attorney in a criminal trial?

When trial begins, the attorney's role shifts to presenting evidence and testimony according to his state's rules of court in an effort to exonerate his client.

What are the powers of a US Attorney?

In carrying out their duties as prosecutors, AUSAs have the authority to investigate persons, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals. U.S. attorneys and their offices are part of the Department of Justice.

Is a US Attorney part of the Department of Justice?

U.S. attorneys and their offices are part of the Department of Justice. U.S. attorneys receive oversight, supervision, and administrative support services through the Justice Department's Executive Office for United States Attorneys. Selected U.S. attorneys participate in the Attorney General's Advisory Committee of United States Attorneys .

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What is the role of the US attorney?

Under 28 U.S.C. § 547, the role of the United States Attorney is to: (1) prosecute criminal cases brought by the federal government; (2) prosecute or defend civil cases where the United States is a party; and (3) collect debts owed to the federal government when administrative agencies are unable to do so.

What is the role of a US attorney AP Gov quizlet?

the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court. An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

What is the Attorney General quizlet?

attorney general. the principal legal officer who represents a country or a state in legal proceedings and gives legal advice to the government. bureaucracy.

Why is the US Attorney General important?

The attorney general's important roles include: Representing the United States in court cases and legal matters. Giving legal advice to the president and the Cabinet. Appearing before the Supreme Court in important legal matters involving the nation or the federal government.

What is the role of the Solicitor General AP Gov?

The solicitor general decides what cases the government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.

What are the 4 key functions of the Solicitor General?

The major functions of the OSG are to: Conduct, or assign and supervise all Supreme Court cases, including appeals, petitions for and in opposition to certiorari, briefs, and arguments.

What is the rule of 4 AP Gov?

Rule of four refers to a convention that for certiorari to be granted by the U.S. Supreme Court, four justices must vote in favor of the grant. The rule ordains that the votes of four Justices are needed to grant certiorari and bring a case before the Court for decision on the merits.

What is common law Gov quizlet?

common law. The body of law developed from custom and tradition as recognized by judicial decisions. Largely based on previous court decisions. ( often called judge-made law)

What is the role of the judge in the plea bargaining process quizlet?

Ensures the defendant understands the charges and punishment. Ensures the defendant's right to due process. May accept or reject the plea bargain. May influence the prosecutor's decision to enter into a plea bargain.

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.

Who does the US attorney general supervise?

The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

How many US attorneys are there?

93 United States AttorneysA U.S. ATTORNEY'S OFFICE: BASIC FACTS There are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

What does a federal attorney do?

As chief federal law enforcement officers, U.S. Attorneys have authority over all federal law enforcement personnel within their districts and may direct them to engage, cease or assist in investigations. In practice, this has involved command of Federal Bureau of Investigation assets but also includes other agencies under the Department of Justice, such as the Bureau of Alcohol, Tobacco and Firearms and Drug Enforcement Administration. Additionally, U.S. Attorneys cooperate with other non-DOJ law enforcement agencies – such as the United States Secret Service and Immigration and Customs Enforcement – to prosecute cases relevant to their jurisdictional areas.

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.

How long can an interim attorney be appointed?

This, in effect, extinguished the 120-day limit on interim U.S. Attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to the Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. Attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act to the interim appointment statute. The bill was signed by President George W. Bush, and became law in June 2007.

How long did the district courts have to appoint interim attorneys?

Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems. This structure was left undisturbed until 1986 when the statute was changed during the Reagan administration. In a bill that was introduced by Senator Strom Thurmond, the statute was changed to give the appointment authority to the Attorney General, but even then it was restricted and the Attorney General had a 120-day time limit. After that time, if a nominee was not confirmed, the district courts would appoint an interim U.S. attorney. The adoption of this language was part of a larger package that was billed as technical amendments to criminal law, and thus there was no recorded debate in either the House or the Senate and both Chambers passed the bill by voice vote.

What is the role of administrative management?

Administrative management direction and oversight, Operational support, Coordination with other components of the United States Department of Justice and other federal agencies. These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education.

When did the Department of Justice become independent?

Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.

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 ...

What is the role of the Attorney General?

In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. The Act also vested in the Attorney General supervisory power over the accounts of U.S. Attorneys and U.S. Marshals.

Who provides advice and opinions on legal matters?

Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.

When was the Office of the Associate Attorney General created?

The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977.

Who created the Office of the Deputy Attorney General?

Office of the Deputy Attorney General. On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer;

What is the role of an attorney in a case?

His attorney's role is to advise him which he thinks is the best option, but in the end, it's the defendant's choice. If a case goes to trial, the complexity of the attorney's job depends on whether a jury or a single judge hears the case.

What is the role of a defense attorney?

Whether he deals with criminal or civil cases, a defense attorney is an advocate for the accused, charged with protecting his client's interests and making sure the law works as it should.

What is the role of a public defender?

A public defender's role is identical to that of a private defense attorney, but he may not always have the ability to devote the same extensive time to it as a lawyer practicing in the private sector. Public defenders are employed by the state to represent defendants who cannot afford to pay an attorney to defend their rights.

What does the state have to prove?

The state must prove criminal charges beyond any reasonable doubt. A civil litigant or his attorney only has to prove that there's a probability the client committed the act he's accused of.

What is plea bargaining?

This typically involves the defendant pleading guilty, but to a lesser crime than the one the state has charged him with. In exchange, the state saves time and money because it does not have to go to trial. The defendant receives a lighter sentence. It's the defense attorney's role to determine if accepting the deal is in his client's best interests, based on the investigation he's already done. He might also negotiate with the prosecutor to try to get an even better deal.

Can a civil defense attorney go to jail?

His client doesn't face jail time or a criminal record, but rather the possibility of having to pay financial damages or restitution for wrongdoing, such as if he violated someone's rights or broke the terms of a contract. In one respect, a civil defense attorney's job is harder, however, at least at the trial stage.

Overview

History and statutory authority

Appointment

Role of U.S. Attorneys

Executive Office for United States Attorneys

List of current U.S. attorneys' offices

Defunct U.S. attorneys' offices

See also