The district attorney (DA), also known as a prosecutor, plays a critical role in our criminal justice system. They represent the government in criminal cases. They represent the government in criminal cases and are responsible for ensuring that justice is done by prosecuting people accused of committing crimes. In India, the position equivalent to that of district attorney is often referred to as public prosecutor.
Prosecutors represent the state in criminal cases and are responsible for prosecuting people accused of committing crimes. They work under the supervision of the Director of the Attorney General's Office or the Attorney General at the state level, depending on the specific legal framework of the state. An official website of the United States government Official websites use GoVa. The gov website belongs to an official government organization in the United States. Courts were created under Article III of the Constitution to administer justice in a fair manner.
Learn about federal court programs and services to help provide fair and impartial justice. The administration and governance of the judiciary occurs both at the national and regional levels. This section provides statistical data and news about the activity of the federal judiciary. Link to national federal rules of practice and procedures and to current forms. Learn how to submit and access case files and information from court records.
Only the government initiates a criminal case, usually through the U.S. UU. Attorney's office, in coordination with a law enforcement agency. Complaints of criminal conduct must be filed with local law enforcement, the FBI, or other appropriate law enforcement agency.
In a criminal trial, the burden of proof lies with the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial places a much greater burden on the prosecutor than on the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt”, meaning that the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
At the initial appearance, a judge, who has reviewed the arrest reports and the post-arrest investigation, informs the defendant about the charges brought, considers whether the defendant should remain in jail until trial, and determines if there are probable reasons to believe that a crime has been committed and that the defendant has committed it. A. Defendants who cannot afford an attorney are informed of their right to a court-appointed lawyer. Defendants who are released into the community before trial may undergo electronic checks or drug testing, and may be required to submit regular reports to a preliminary services officer to ensure their appearance at trial. The defendant pleads guilty to the charges brought by the United States attorney at a court hearing known as appearance.
More than 90 percent of defendants plead guilty instead of going to trial. If a defendant pleads guilty in exchange for the government agreeing to drop certain charges or recommend a light sentence, the agreement is often referred to as a “plea agreement.” If the defendant pleads guilty, the judge can impose a sentence, but most commonly he schedules a subsequent hearing to determine the sentence. In most serious crime cases, the judge waits for the results of a filing report from the court's probation office before imposing the sentence. If the defendant pleads not guilty, the judge will schedule a trial.
Criminal cases include limited pre-trial discovery procedures, similar to those in civil cases, but with restrictions to protect the identity of government informants and prevent witness intimidation. Lawyers can also file motions, which are requests for the court to rule before trial, for example, to suppress evidence that may violate the defendant's constitutional rights. If a defendant is found not guilty, he is released and the government cannot appeal. The person cannot be charged again for the same crime in federal court.
The Constitution prohibits “double criminality” or being tried twice for the same crime. If the verdict is guilty, the judge determines the defendant's sentence. During sentencing, the court may consider a U. The guidelines of the Sentencing Commission, the evidence presented at trial, and also the relevant information provided by the preventive services officer, the U.S.
A sentence can include prison time, a fine to be paid to the government, and compensation to be paid to crime victims. The court's probation officers enforce the conditions imposed by the court as part of a criminal sentence. Supervision of offenders may include services such as substance abuse testing and treatment programs, employment counseling, and alternative detention options, such as home confinement or electronic monitoring. Do you want to further develop your knowledge of federal courts? Read How to Understand Federal Courts.
In this five-minute video, federal judges provide information on how they think about the separation of powers and describe how healthy tensions between powers have a stabilizing effect on democracy. As principal legal officers of states, federal states, the District of Columbia, and United States territories, the Attorney General's role is to act as an advisor to government agencies and state legislatures and as a representative of the public interest. gov A.Absolution: A sentence according to which the guilt of a criminal defendant has not been proven beyond a reasonable doubt. Approved: Judgment handed down by an appellate court in which the order or order is declared valid and will prevail as decided in the lower court.
Alford Declaration: A statement by the defendant that allows him to assert his innocence, but allows the court to sentence the defendant without holding a trial. Basically, the defendant admits that the evidence is sufficient to prove his guilt. This guilty plea is often made for the purpose of negotiating a settlement with the prosecutor for minor charges or a sentence. Appeal: A request made after a trial asking another court (usually the appellate court) to decide if the trial was conducted properly.
To submit such a request is to appeal or file an appeal. Both the plaintiff and the defendant can appeal, and the party that does so is called the appellant. Appeals can be filed for a variety of reasons, including an incorrect procedure and asking the court to change its interpretation of the law. Appeal: on appeals; an appellate court has the power to review the judgment of another court or lower court.
Accusation of charges: Procedure in which a person accused of committing a crime appears in court, is informed of the charges, and is asked to plead guilty or not guilty. Bankruptcy: refers to statutes and judicial proceedings involving individuals or companies that cannot pay their debts and request the help of the court to start from scratch. Under the protection of the bankruptcy court, debtors can pay off their debts, perhaps paying off a portion of each debt. Bankruptcy judges preside over these proceedings.
Trial without jury: trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Occasionally, defendants will waive their right to a trial by jury and will choose to have a trial without a jury. Beyond a reasonable doubt: standard required to convict a criminal defendant for a crime. The prosecution must prove guilt so that the jury has no reasonable doubt that the defendant is guilty.
Binding precedent: a previous court decision that must be enforced without a compelling reason or without significantly different facts or issues. Courts are often subject to decisions from appellate courts with authority to review their decisions. For example, district courts are subject to decisions of the appellate court that can review their cases, and all courts, both state and federal, are subject to decisions of the Supreme Court of the United States. Offense punishable by capital punishment: a crime punishable by death.
In the federal system, it applies to crimes such as first-degree murder, genocide, and treason. Jurisprudence: the use of court decisions to determine how other laws (such as laws) should be applied in a given situation. For example, a trial court may use a previous Supreme Court decision that has similar problems. Indictment: The law that the police believe the defendant has broken.
Indictment presented to the jury: instructions from the judge to the jury about the law that applies to the facts of the case being tried. Chief Judge: The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority. Circumstantial evidence: Any evidence other than direct evidence (such as eyewitness testimony). Court Clerk: Official appointed by the court to work with the chief judge in overseeing the administration of the court, especially to help manage the flow of cases in court and maintain court records.
Common Law: The legal system that originated in England and is now used in the United States. It is based on court decisions rather than on laws passed by the legislature. Continuation: A judge's decision to postpone the trial until a later date. Contract: an agreement between two or more people that creates an obligation to do or not to do a particular thing.
Conviction: Guilty sentence against a criminal defendant. Lawyer: legal advice; a term used to refer to attorneys in a case. Counterclaim: A claim that a defendant files against a plaintiff. Often, counterclaims can be brought in the same proceeding as the plaintiff's lawsuits.
Court: Government entity authorized to resolve legal disputes. Judges sometimes use the court to refer to themselves in the third person, such as when the court has read the briefs. Judicial journalist: a person who makes a word-for-word record of what is said in court and produces a transcript of the process if requested. Cross-examination: questioning of a witness by the other party's lawyer.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their injuries. Absent judgment: Judgment handed down because the defendant did not respond or did not appear. Respondent: in a civil lawsuit, the person being sued; in a criminal case, the person accused of the crime. Defense table: table where the defense attorney sits with the defendant in the courtroom.
Deposition: An oral statement made before an officer authorized by law to take oaths. These statements are often taken to question potential witnesses, to obtain their discovery, or to be used later in the trial. Direct evidence: Evidence that supports a fact without inference. Discovery: Examination by attorneys, before trial, of the facts and documents held by opponents to help attorneys prepare for the trial.
File: A record containing brief entries of court proceedings. On the bench: on the bench or on the full bench. It refers to court sessions in which all members of a court participate, rather than the usual quorum. Courts of appeal usually meet in panels of three judges, but may be expanded to a larger number in certain cases that they consider important enough for all courts to decide on them.
It is then said that they are sitting on the bench. Evidence: Information presented in testimony or in a document that is used to persuade the investigator (judge or jury) to decide the case by one party or another. Exculpatory evidence: Evidence that tends to prove the defendant's innocence. Evidence: physical evidence or documents that are presented in a judicial procedure.
Common exhibits include contracts, weapons, and photographs. Federal Issue: Jurisdiction granted to federal courts in cases related to the interpretation and application of the Constitution of the United States, laws of Congress, and treaties. In some cases, state courts can also decide on these issues, but cases can always be brought before federal courts. Felony: A crime that carries a penalty of more than one year in prison. File: placing a document in the official custody of the court clerk to be incorporated into the files or records of a case.
Lawyers must submit a variety of documents over the life of a case. Grand jury: a body of citizens that hears the evidence of criminal charges brought by the government and determines if there are probable reasons to believe that the crime was committed. As used in federal criminal cases, the government refers to the attorneys of the United States Attorney's Office who are prosecuting the case. Grand jury proceedings are closed to the public and the person suspected of having committed the crime has no right to be present or to have an attorney present. States are not required to use grand juries, but the federal government must do so under the Constitution.
Habeas corpus: a resource often used to bring a prisoner to court to determine the legality of their imprisonment. A prisoner who wants to argue that there is no sufficient cause to be imprisoned will file a writ of habeas corpus. It can also be used to bring a detained person to court to testify or to be prosecuted. Hearing testimony: statements from a witness who did not see or hear the incident in question, but who learned about it through second-hand information, such as someone else's statement, a newspaper, or a document.
Rumors are generally not admissible as evidence in court, but there are many exceptions to that rule. Accusation: The process of questioning something, such as challenging the testimony of a witness. Incriminating evidence: Evidence that tends to prove the defendant's guilt. Indictment: Formal charge issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to justify holding a trial; used primarily for serious crimes.
In forma pauperis - In a poor man's way. Permission granted to a person to sue without paying court fees for indigence or poverty. Information: A formal accusation by a government lawyer that the defendant committed a misdemeanor. Initial hearing: judicial proceeding in which the defendant learns about his rights and the charges against him and the judge decides to release him on bail. Court Order: A court order that prohibits (or requires) performing a specific act to prevent irreparable harm or injury.
Interview: meeting with the police or prosecutor. Subject matter: (The controversial point in a disagreement between the parties in a lawsuit. To ship officially, that is, to issue an order. Judge: Government official with authority to decide lawsuits brought before the courts. The judicial officers of the Supreme Court and the highest court in each state are called judges.
Judgment: The official decision of a court that ultimately determines the respective rights and claims of the parties to a lawsuit. Jurisdiction: (The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility in the same case. Some issues can be tried in both state and federal courts. The plaintiff initially decides where to file the lawsuit, but in some cases, the defendant may request a change of court.
The geographical area over which the court has authority to decide cases. A federal court in a state, for example, can generally only decide a case that arose out of actions in that state. Jury: person who is part of the jury. Jury: people selected in accordance with the law and who have sworn to investigate and deliver a verdict on questions of fact.
In some cases, state court juries can be as small as six members. Federal juries for civil lawsuits must have six juries and criminal lawsuits must have twelve. Instructions for the jury: The judge explains to the jury, before starting deliberations, the questions to be answered and the law that governs the case. Each party suggests the jury's instructions to the judge, but the judge chooses the final wording.
Jury group: the group of people from whom the actual jury is chosen. The jury is randomly selected from a source, such as voter registration banks. The attorneys in the case choose the juries themselves from among the jurors through a process called voir dire. Jurisprudence: the study of the law and the structure of the legal system. Lawsuit: legal action initiated by a plaintiff against a defendant based on a complaint alleging that the defendant failed to comply with a legal obligation, resulting in harm to the plaintiff.
Legal Secretary (or Staff Attorney): Assists judges in researching and drafting opinions. Librarian: meets the information needs of judges and lawyers. Litigation: a case, controversy, or lawsuit. The participants (plaintiffs and defendants) in the lawsuits are called litigants.
Trial judges: Judicial officers who help U.S. district court judges prepare cases for trial. Some criminal and civil lawsuits may be decided when both parties agree to have the case heard by a trial judge rather than a district court judge. Misdemeanor: Usually a misdemeanor, a less serious offense than a felony, punishable by less than one year in prison. Void trial: an invalid judgment caused by a fundamental error.
When a trial is declared void, the trial must begin all over again, beginning with the selection of a new jury. Motion: Attempt to get the court to hear a limited matter. Motions can be filed before, during, and after the trial. It has the same effect as the guilty plea when it comes to the criminal sentence, but the plea cannot be considered an admission of guilt for any other purpose.
Sometimes, a guilty plea can later be used to prove guilt in a lawsuit, but the declaration of nolo contdere forces the plaintiff in the lawsuit to prove that the defendant committed the crime. Oath: Promise to tell the truth. Objection: A lawyer's protest, challenging a statement or question made at trial. The most common objections include having an attorney “guide” the witness or having a witness make a statement that is a rumor. Once an objection is filed, the judge must decide whether to allow the question or statement.
Oral argument: an opportunity for lawyers to summarize their position before the court in an appeal and also to respond to questions from judges. Panel: (in appellate cases, a group of judges (usually three) assigned to decide the case; (in the jury selection process, the group of potential members of the jury). Parties: plaintiffs and defendants (petitioners and defendants) in lawsuits, also known as appellants and appellants in appeals, and their attorneys. Minor jury (or trial jury): group of citizens who hear the evidence presented by both parties in the trial and determine the facts in dispute.
Federal criminal juries are comprised of 12 people. Federal civil juries consist of six people. Plaintiff: The person who files the complaint in a civil lawsuit. Guilty plea: In a criminal case, the statement of the defendant pleading guilty or not guilty in response to charges at a public hearing.
You can also file a declaration of no contention or a statement from Alford. A guilty plea allows the defendant to waive a trial. Plea agreement (or plea agreement): agreement between the defendant and the prosecutor in which the defendant pleads guilty in exchange for a concession from the prosecutor. It may include minor charges, the dismissal of the charges, or the prosecutor's recommendation to the judge for a lighter sentence. Precedent: judicial decision issued in a previous case with facts and laws similar to those of a dispute that is currently being processed before a court.
Usually, precedent will govern the decision of a subsequent similar case, unless one of the parties can show that it was wrongly decided or that it deferred in a significant way. Some precedents are binding, meaning they must be respected. There is no need for the court to follow other precedents, but they can be considered influential. Procedure: the rules for processing a lawsuit; there are rules of civil, criminal, evidentiary, bankruptcy, and appellate procedure.
Preliminary hearing: hearing where the judge decides if there is sufficient evidence to require the defendant to go to trial. Preliminary hearings don't require the same rules as trials. For example, rumors are usually admissible during the preliminary hearing, but not during the trial. Pre-trial meeting: Meeting between the judge and lawyers to discuss what issues should be presented to the jury, review evidence and witnesses, set a schedule, and discuss the solution of the case.
Probable cause: number of suspicions that lead one to believe that certain facts are probably true. The Fourth Amendment requires probable cause for the issuance of an arrest or search warrant. Probation: An alternative sentence to imprisonment in which the court releases convicted defendants under supervision provided that certain conditions are met. Probation officers (or officers of the pre-trial detention services): screen applicants for provisional release and monitor convicts released under judicial supervision.
Pro se: Latin term that means to act in their own name; in courts, it refers to people who present their own cases without a lawyer. Prosecute: accusing someone of a crime. A prosecutor judges a criminal case on behalf of the government. Public Defenders: They represent defendants who cannot afford an attorney in criminal matters.
Pretrial detention: When an appellate court returns a case to a lower court to continue with the procedure. Often, the lower court is required to do something different, but that doesn't always mean that the court's final decision will change. Journalist: Keeps a record of court proceedings, prepares a transcript, and publishes the court's opinions or decisions. Revocation: When an appellate court overturns a lower court's decision due to an error.
The revocation is usually followed by pre-trial detention. For example, if the defendant argued on appeal that certain evidence should not have been used in the trial, and the appellate court agrees, the case will be remanded to pre-trial detention for reconsideration by the trial court without that evidence. Search warrant: orders that objects be searched in a specific location that, if found, can be used in court as evidence. Search warrants require probable cause in order to be issued.
Sentencing: The punishment ordered by a court for a defendant convicted of a crime. Federal courts take into account the guidelines of the United States Sentencing Commission when deciding the appropriate punishment for a given crime. Delivery of the process: notification of orders or citations to the appropriate party. Settlement: The parties to a lawsuit settle their difference without having to hold a trial.
Settlements usually involve the payment of compensation by one party to satisfy the other party's claims. Sometimes, jurors stay away from outside influences during their deliberations. Sidebar: a conference between the judge and the lawyers held out of reach of the jury and spectators. Statement: Description that a witness gives to the police and that the police write down.
Statute: law passed by a legislature. Statute of limitations: law that establishes the time period within which parties must take steps to assert their rights. Suspension: Temporary pause or suspension of a judicial proceeding. Suspensions are generally designed to end when a specific event occurs (for example, a subpoena: an order for a witness to appear and testify). Duces Tecum subpoena: order addressed to a witness to submit documents.
Summary judgment: a decision made on the basis of statements and evidence submitted for registration without a trial. It is used when there is no dispute as to the facts of the case and one of the parties has the right to pass judgment as a matter of law. Temporary Restraining Order: Prohibits a person from taking an action that could cause irreparable harm. This differs from a court order in that it can be granted immediately, without prior notice to the opposing party and without a hearing.
It is expected to last only until a hearing can be held. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before a grand jury. Tort: a civil offense or the breach of a duty to another person as established by law.
A very common tort is the negligent operation of a motor vehicle that results in property damage and personal injury in a car accident. Trial: A hearing that takes place when the defendant pleads not guilty and the parties must appear in court to present evidence. Confirm: an appellate court's decision not to overturn a lower court decision. Attorney (or federal prosecutor): Attorney appointed by the president in each judicial district to prosecute and defend cases on behalf of the federal government.
Marshal (or bailiff): enforce rules of behavior in courtrooms. Headquarters: the geographical location where a case is being tried. Verdict: The decision of a smaller jury or judge. Victim Advocate: Work with prosecutors and help victims of crime. Voir dire: process by which judges and lawyers select a small jury from among those eligible to serve, questioning them to determine if they know the facts of the case and are willing to decide the case solely on the basis of the evidence presented to the court.
Voir dire is a phrase that means to tell the truth. Witness: A person summoned by either party to a lawsuit to testify before the court or jury. Order of certiora: order issued by the Supreme Court ordering the lower court to transmit the records of a case that it will hear on appeal. Usually, the Supreme Court is not required to hear case appeals.
The denial of the “certificate” by the Supreme Court allows the previous ruling to be upheld. Executive Office of the United States Attorney, United States Department of Justice, 950 Pennsylvania Avenue, NWRoom 2242 Washington, DC 20530-0001 Do you have a question about government services? The state attorney is an attorney chosen or appointed by local government officials to represent the state in a criminal case initiated in a designated judicial district or county. In some jurisdictions, the county prosecutor does not deal with any criminal matter at all, but acts solely as legal counsel to the county. Staff attorneys are more commonly known as Assistant District Attorneys (ADA) or Deputy District Attorneys (DDA); in states where the head of the office is called the state's attorney, staff attorneys are often referred to as Deputy State Attorneys (ASA).
Most of the processing is delegated to deputy prosecutors, and the head of the office sometimes processes the most important cases and is generally responsible for the agency and its work. In some jurisdictions, the district attorney can act as lead counsel for the municipal police, county police, state police, and all state law enforcement agencies within the jurisdiction of the state attorney. Since the extension of the Northern Ireland Parliament in 1972, the Attorney General of England and Wales was also the Attorney General of Northern Ireland. In the common law tradition, anyone who represents the state, especially in criminal proceedings, is such an attorney. The principal functions of the district attorney are usually mandatory by law and include representing the State in all criminal trials for crimes that occurred in the geographic jurisdiction of the district attorney.
It is recommended that you do not talk to the defense attorney without the approval of the district attorney. In nearly every jurisdiction in the United States, the attorney general is the primary law enforcement official in that jurisdiction; as such, an attorney general can also be considered a police rank. In carrying out its functions to enforce state and local laws, the ADA has the authority to investigate individuals, issue subpoenas, file formal criminal charges, negotiate with defendants, and grant immunity to witnesses and accused offenders. The district attorney usually divides his services into several departments that deal with different areas of criminal law. As a nonpartisan national forum for attorneys general of U.S.
states and territories and their staff, the NAAG provides collaboration, knowledge, and experience to empower and defend U.S. attorneys general. The correct way to address a person in office is Mr. or Mrs.
Attorney General, or simply as Attorney General. State attorneys or state attorneys are used in Connecticut, Florida, Illinois, Maryland, North Dakota, South Dakota, and Vermont. District Attorney and Assistant Attorney are the most common titles of state attorneys and are used by U.S. jurisdictions, such as California, Georgia, Massachusetts, Nevada, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Texas, Utah, and Wisconsin.
Since the enactment of the Crime Prosecution Act of 1974, the responsibility for the prosecution of indictable criminal offences lies primarily with the Director of the Public Prosecutor's Office, who is independent of the Attorney General and the State.
