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 difference between a district attorney and state attorney?
Generally, a district attorney is a county position. They are often elected, sometimes appointed. They are in charge of prosecuting crimes that occur in a given county. The State Attorney (or Attorney General, depending on the state you’re in) is the top law enforcement officer in the state.
How many US Attorneys are assigned to each district?
One U.S. attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where a single U.S. attorney serves both districts. Each U.S. attorney is the chief federal law enforcement officer within his or her particular jurisdiction, acting under the guidance of the United States Attorneys' Manual.
Who controls the district attorney’s office?
This political entity probably has an elected board, something like a city Council or a county Board of Supervisors, who have some control over the district attorney’s budget. And finally, all prosecutors are subject to the courts’ power to deny them what they are seeking.
What is the equivalent of a district attorney in the UK?
In the United Kingdom, the equivalent position to a district attorney is a chief crown prosecutor, and the equivalent to an assistant district attorney is a crown prosecutor.
Who is the most powerful person in the criminal 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.
Who's in charge of the Department of Justice?
Attorney General Merrick B. GarlandAttorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021. As the nation's chief law enforcement officer, Attorney General Garland leads the Justice Department's 115,000 employees, who work across the United States and in more than 50 countries worldwide.
Is a judge more powerful than a prosecutor?
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 district attorneys state or local?
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 or a group of counties.
Who oversees the FBI?
The FBI Director is appointed for a single 10-year term by the President of the United States and confirmed by the Senate. The FBI is an agency within the Department of Justice (DOJ), and thus the Director reports to the Attorney General of the United States. J.
What power does the DOJ have?
DOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws; its Immigration Judges ensure justice for immigrants in ...
How powerful is a district attorney?
District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the 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.
What do district attorneys 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 member of the courtroom work group?
Defense attorneys are the most powerful members of the courtroom work group.
Can the state attorney general prosecute local cases?
Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.
Does every state have an attorney general?
43 states have an elected attorney general. Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee.
What's the difference between attorney and lawyer?
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
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.
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 does the state attorney do after a crime?
After levying criminal charges, the state's attorney will then prosecute those charged with a crime . This includes conducting discovery, plea bargaining, and trial . In some jurisdictions, the district attorney may act as chief counsel for city police, county police, state police and all state law enforcement agencies within ...
What is the difference between a judge and a district attorney?
A District Attorney, while holding a key function in the administration of justice, is an officer of the executive branch of state government, as well as being an "officer of the court" as that term is often used. 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...
What is the role of a district attorney?
A District Attorney, while holding a key function in the administration of justice, is an officer of the executive branch of state government, as well as being an "officer of the court" as that term is often used.
Can a DA go to jail?
They are very different, so it is situation dependent.#N#If you are a defendant before the Judge in his Court, the Judge rules. A DA can be put in jail by a Judge if the DA finds a way to become a contemnor in that court...
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 .
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 is civil forfeiture?
Civil asset forfeiture is a way for prosecutors to seize property and money that law enforcement officers believe is connected to criminal activity. Here in Massachusetts, our standard for taking that money is very low, and the burden is on the owner of the property to prove it is not connected to criminal activity.
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.
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.
What does the Attorney General do in California?
In the latter role, the Attorney General prosecutes some crimes directly, handles appeals from felony convictions won by district attorneys, and handles post-ap. In California, which I think is fairly typical, the district attorney is an elected official who serves as the criminal prosecutor for a county.
What is the job of a state attorney?
They prosecute crimes at the state level, and represent the state in all legal matters.
What is the difference between a district attorney and an attorney general?
A district attorney is usually the chief prosecutor at the county level. An attorney general is the chief lawyer at the state level. At the federal level there is the attorney general of the United States who advises the president. Just below the U.S. attorney general are many U.S. attorneys who handle federal prosecutions.
What is the starting point for a new lawyer?
Normally the district attorney or the state attorney IS the starting point or entry level for a new lawyer. Most jurisdictions divide case loads between felony and misdemeanor. New lawyers are assigned to the misdemeanor division and work their way up. This goes for both prosecutors and public defenders.
What does a district attorney do?
They represent the cases against individuals and groups. A district attorney is a county prosecutor; an attorney general serves an entire state. The U.S. attorney general serves the entire country. In some states, district attorneys also represent the county in civil matters.
What is the role of an attorney general?
An Attorney General is a direct legal advisor to the government. Attorney generals have the authority/responsibility for law enforcement or even responsibility for legal affairs generally. Where as an District Attorney is the chief prosecutor for a local government area, leading a team of deputy district attorneys.
What is a D.A. in law?
A D.A. works FOR the government. The specific job is filled in different ways for different locations, some places elect the D.A. (meaning all voters can directly influence) and in some places the D.A. is appointed. An attorney is anyone who qualifies for and passes the state requirements to “practice law”.
What is an AUSA?
An Assistant United States Attorney (AUSA), or federal prosecutor, is a public official who represents the federal government on behalf of the U.S. Attorney (USA) in criminal prosecutions, and in certain civil cases as either the plaintiff or the defendant.
When was the EOUSA created?
The EOUSA was created on April 6, 1953, by Attorney General Order No. 8-53 to provide for close liaison between the Department of Justice in Washington, DC, and the 93 U.S. attorneys located throughout the 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
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 ...
When did the interim appointment authority change?
Therefore, at that time, the interim appointment authority was switched to the district courts; that is, in 1898 it was switched to the district courts. 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.
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.
What is the power of charging?
Power of Charging. DAs can overcharge in order to get plea deals; they can decide if a defendant is offered diversion or not; they can set priorities on what kinds of charges they want to bring; and they can decide whether or not to prosecute certain crimes at all, like declining to prosecute low-level offenses.
What is the decision making process in a sentencing trial?
During the sentencing phase of a trial, the judge’s decision-making is heavily influenced by the recommendations of the DA. Judges will typically rubber stamp whatever sentence DAs recommend. Sentencing will determine the length of an individual’s period of incarceration.
What happens when a defendant accepts the terms of the sentence proposed by the DA?
When a defendant accepts the terms of the sentence proposed by the DA, they enter a guilty plea which the judge will typically accept. The DA has immense power in influencing an individual’s decision to enter into a plea deal or to take their case to trial.
What does a district attorney do?
District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the 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.
What is the power of civil forfeiture?
Power of Civil Asset Forfeiture. In 2017, Pennsylvania’s General Assembly passed a bill aimed at reforming the commonwealth’s policies on civil asset forfeiture. The bill that was ultimately watered down at the urging of the Pennsylvania District Attorneys Association, among others, and failed to deliver meaningful reform.
Do district attorneys have to turn over exculpatory evidence?
A number of Supreme Court decisions have reaffirmed the district attorney’s obligation to turn over exculpatory evidence to the defense during discovery. Frequent violations of these laws, as well as a regular lack of transparency in DA officers, reinforce the need for their existence.
What happened to Rhode Island when it filed for bankruptcy?
When the company subsequently filed for bankruptcy, Rhode Island taxpayers were left to cover its debt. Controversy has ensued ever since. It is a bedrock principle of the grand jury process that investigations are conducted in secret.
Why did Governor Raimondo ask for the 38 Studios?
Governor Raimondo—along with other Rhode Island political leaders—nevertheless asked the court to order the release of the 38 Studios materials based on the “profound and sustained public interest in [the deal’s] underlying circumstances and consequences.”. This request was not unprecedented.
Why is the Maine governor suing the attorney general?
In Maine, the state’s governor is suing its attorney general for refusing to represent him in federal lawsuits. In Louisiana, the state attorney general has sued the governor over a four-million-dollar funding dispute.
Will the governor appeal the Rhode Island case?
The Governor has not stated whether she will appeal the decision. The Rhode Island General Assembly is in any event poised to consider legislation that would deem any record created by the State Police or Attorney General’s Office related to the investigation a public record.
Do state governors and attorneys general clash?
When State Governors and Attorneys General Clash. State governors and attorneys general typically find themselves on the same side of the law. Nonetheless, an overwhelming majority of states directly elect their attorneys general. This framework creates a natural opportunity for conflicts to erupt, particularly when officials act to protect ...
Did the Governor's petition satisfy the grand jury?
The Court held that the Governor’s petition did not satisfy any of the exceptions governing the release of grand jury materials provided by Rhode Island law.
Overview
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 or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include coun…
History
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. Even after those states broke up such districts and started appointing or electing prosecutors for individual counties, they continued to use the title "district attorney" for the most senior prosecutor in a county rather than switch to "county attorney".
Role
The principal duties of the district attorney are usually mandated by law and include representing the State in all criminal trials for crimes which occurred in the district attorney's geographical jurisdiction. 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 indictment…
Departments
The district attorney usually divides their services into several departments that handle different areas of criminal law. Each department is staffed by several duly appointed and sworn ASAs. The departments of a large district attorney's office may include but are not limited to: felony, misdemeanor, domestic violence, traffic, juvenile, charging (or case filing), drug prosecution, forfeitures, civil affairs such as eminent domain, child advocacy, child support, victim assistance…
Nomenclature
The name of the role of local prosecutor may vary by state or jurisdiction based on whether they serve a county or a multi-county district, the responsibility to represent the state or county in addition to prosecution, or local historical customs.
District attorney and assistant district attorney are the most common titles for state prosecutors, and are used by jurisdictions within the United States including California, Delaware, Georgia, Mas…
Assistant district attorney
The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime. In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, is…
Appeals
Depending on state law, appeals are moved to appellate courts (also called appeals courts, courts of appeals, superior courts, or supreme courts in some states). During the appeals process district attorneys, in many cases, hands all relative prosecutorial materials to a state appellate prosecutor who in turn will represent the state in appellate courts with the advice and consent of the district attorney.
District attorney investigators
Some district attorneys maintain their own law enforcement arm whose members are sworn peace officers. Depending on the jurisdiction, they are referred to as district attorney investigators or county detectives.
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