prosecuting attorney definition

'She says the emphasis is on police and prosecutors initiating legal action, to take pressure off the woman.'. He who prosecutes another for a crime in the name of the government.Prosecutors are public or private. If the defendant is convicted, the trial judge imposes a sentence. Local sheriffs and even coroners had more say in the process than did the prosecutor. article Informer. A prosecutor may investigate certain criminal offenses on his own initiative, or at the request of a . A prosecutor may threaten a defendant with a more serious charge if the defendant refuses to plead guilty to a lesser criminal charge, but only if the prosecutor has evidence to support the more serious charge (Bordenkircher v. Hayes, 434 U.S. 357, 98 S. Ct. 663, 54 L. Ed. Also…, 1. Found inside – Page 209CONSPIRACY - PROSECUTING ATTORNEY'S SoLICITATION OF BRIBES – NAMES OF CONTRIB2. ... 2 defined by section 2378 as the soliciting of 1914 , § 2647 , for conspiring to commit a felony , and 4 , specifying grounds proper to be assigned ... "Prosecutors, Politics, Press and Prejudice." It serves as legal counsel to the Columbia County Board of County Commissioners, all County elected officials . Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! That decision is made by the fact finder: either the judge in a bench trial or the jury in a jury trial. Washington, D.C.: U.S. Dept. A prosecutor does not have to personally believe Beyond a Reasonable Doubt that the defendant committed the alleged act. Enrich your vocabulary with the English Definition dictionary En savoir plus. In addition to trying cases, they also interview witnesses or victims … The Prosecutor's Job. This situation changed by the mid-nineteenth century as more and more prosecutors were elected by the public rather than hired by the local government. Found inside... 310 defined, 35 by juveniles, 401 Prosecuting attorney, 221 Prosecutorial waiver, 412 Prosecutors, 220–223 assistant prosecutors, 221–222 attorney general, 221 burden of proving guilt, 247–248 case attrition, 238 case priorities, ... prosecuting attorney ( plural prosecuting attorneys ) A public officer charged with carrying on the prosecution or representing the state in criminal proceedings … Ultimately, the court decides what evidence will be admitted into the trial and what evidence will be excluded. 2d 446 [1962]). 2d 65 [1981]). 220 [1886]). Chattin, Rebecca M. 1996. All information available on our site is available on an "AS-IS" basis. Prosecutorial Discretion Law and Legal Definition. 2d 604 [1978]). A prosecutor is a public officer. Prosecutors are lawyers who … may be punished by being mulcted in damages in an action for a malicious This is the highest standard of proof in any … A government lawyer who initiates prosecution of criminal offenses, and presents the case for prosecution in a criminal proceeding.The official name for the position of state prosecutors is district attorney. Found inside – Page 6-98attorney. Minnesota amended its definition of “original source” in 2013 to conform to the definition in the federal law.541 If the prosecuting attorney elects not to intervene at the outset, Minnesota's qui tam procedures allow him or ... Considering the vast number of criminal laws passed by state and federal legislatures, defendants usually face more than one criminal charge for any given criminal episode. Prosecuting Attorney Steven S. Alm was a Circuit Court Judge from May 2001 to August 2016. Prosecuting authority" means the attorney who is responsible for prosecuting an … The prosecutor also must notify the defendant of the evidence against him and must turn over any exculpatory evidence (evidence that would tend to clear the defendant) that the prosecutor possesses. Misner, Robert L. 1996. The prosecutor, also referred to as the district attorney, is a powerful elected official in the state judicial system. 1999. This guide will focus on the hiring process and characteristics of local district attorney's offices; it will also provide descriptions of the other prosecuting offices and the types of cases they . 2 . Prosecuting definition: carrying out a prosecution | Meaning, pronunciation, translations and examples Journal of Criminal Law and Criminology 86 (spring). Typically known as a district attorney, state's attorney, or United States attorney. The prosecutor only decides whether to charge the defendant and then presents the community's case to the fact finder. He who prosecutes another for a crime in the name of For instance, a defendant may request that the trial be moved to a different geographic location, or a defendant may ask the court to forbid the trial participants from talking to the media. Found inside – Page 914PROSECUTING ATTORNEYS , ( 2 ) A petition for authorization to issue 1 or ISSUANCE OF INVESTIGATIVE more investigative subpoenas under subsection ( 1 ) SUBPOENAS , IMMUNITY shall contain all of the ... Prosecuting attorney , definition . Terms Used In Indiana Code > Title 33 > Article 39 - Prosecuting Attorneys. FILING: a document filed with the court clerk by a prosecuting attorney alleging that a person committed or attempted to commit a crime. If the defendant does not wish to plead guilty, the prosecutor usually must defend the legitimacy of the prosecution at various stages before trial. Within the field of prosecution, there is an array of different offices that handle varying types of crime on a local, state, and federal level. Found insideIn Contempt is an unflinching look at what the television cameras could not show: behind-the-scenes meetings, the deteriorating relationships between the defense and prosecution teams, the taunting, baiting, and pushing matches between ... Found inside – Page 5Of all the prosecutor's powers , this is the area least examined and most worthy of further research and analysis . ... 3 Pre - trial screening program is defined as the process whereby a prosecuting attorney examines the facts of a ... torts, or remedies. There are two notable limits on the prosecutor's discretion to prosecute. A grand jury is a collection of laypersons selected by the prosecutor to examine evidence and decide whether to indict the defendant and so authorize prosecution. Prosecutors often are willing to drop certain charges and recommend lesser sentences for defendants who agree to plead guilty to a certain crime. The Prosecuting Attorney's Office will strive to ensure that victims are informed of their rights; and that all victims are treated with dignity, respect, courtesy and sensitivity. FINE: the penalty imposed upon a convicted person by a court requiring the A prosecutor may recommend that the court deny bail to an allegedly dangerous defendant to keep the defendant in jail while the case is being processed. Found inside – Page iThe Austrian School of the series title favors less government economic control. Annotation copyrighted by Book News, Inc., Portland, OR At trial the prosecutor must prove, beyond a Reasonable Doubt, that the defendant committed the alleged criminal acts. Every state entering the Union after 1850 provided for either the election or employment of public prosecutors, and the position is now deeply rooted in the federal and state criminal justice systems. Found inside(2) “Investigator” means an investigator employed by a prosecuting attorney's office or an employee of a state agency authorized by the provisions of this code to perform criminal investigations. For purposes of this definition, ... In other states a prosecutor is required to convene a Grand Jury before charging a defendant with a serious crime. ; Americans with Disabilities Act: refers to the Americans with Disabilities Act (42 U.See Indiana Code 33-39-7-2; Annuity: A periodic (usually annual) payment of a fixed . ; 2 The prosecutor must make an Opening Statement, present evidence and testimony, and make a closing argument. © Copyright 1995 - 2015 TheLaw.com LLC. Top 10 Unusually Long and Interesting Words, Vol. However, they may be liable for suit when their conduct in the investigatory phase of their duties is in dispute. Found inside19 The private prosecution is available in Germany (Section 374–394 StPO), in Poland (Article 59–61 and 485–499 k.p.k.) and in Italy ... 23 A more precise definition provides that “prosecutor” means 23 Black's Law Dictionary (2009), p. The Prosecuting Attorney for the City and County of Honolulu is Steven S. Alm. Leading prosecution researchers throughout the United States are brought together in this book to illuminate the new environment of prosecution in America, the prosecution of troubling and emerging crime problems, prosecutorial problem ... Found inside – Page 8010.204 OMNIBUS PROSECUTION ACTI The relationship between the attorney general and local prosecuting attorneys varies ... It should be recognized that the definition of ' ' local prosecuting attorney ” will vary from state - to - state ... Prosecuting authority to notify chief executive about committal, conviction etc.. (a) A person may be appointed as a special prosecutor: (1) as provided under this section; or. NO LONGER UPDATED. LAST UPDATE 1990 CUM.SUPPL. In the federal system, United States Attorneys are appointed by the President . Thus, if a prosecutor discovers evidence that puts the defendant's guilt in doubt or relieves the defendant of criminal liability, the prosecutor must turn that evidence over to the defendant. Found inside – Page 145The word " spontaneous ” as related to brain function apparently was intended to have a meaning analagous to its use in the ... After the mistrial , the prosecuting attorney , William A. Swisher , declined to retry Ms. Robacynski . The prosecutor consults with the mental health professional from the hospital who is the expert witness in the court proceeding. All Rights Reserved, The District Attorney is a lawyer who manages and represents the government in criminal cases.…, One of the portions into which an entire state or country may be divided, for…, The prosecuting officer of the United States government in each ofthe federal judicial districts. Both the prosecutor and defense attorney have the right to cross-examine witnesses and to challenge the introduction of certain testimony and other evidence. A defense attorney or defence counsel is usually hired directly by the person accused and from that point forward, represents the accused throughout the legal process, including trial. 1991. prosecuting attorney: 1 n a government official who conducts criminal prosecutions on behalf of the state Synonyms: prosecuting officer , prosecutor , public … Found inside – Page 321... 120 Proof beyond a reasonable doubt, 98 definition of, 92 Proof of Facts books, 68 Proof of facts, definition of, 74 Proof of intent, 19 Prosecuting attorney (see also Prosecution) definition of, 258 discretion of, 258 Prosecution, ... 3. Private parties may lodge criminal complaints against persons or groups, but under state and federal statutes, only a duly authorized attorney may prosecute a criminal case. Prosecutorial Misconduct. The mission of the St. Charles County Prosecuting Attorney's Office is the just, swift and effective prosecution of criminal behavior. "Prosecutorial Discretion." 2. (iii) subject to rules of attorney professional conduct and discipline. For example, a prosecutor may not selectively prosecute only Chinese persons who violate laws regulating laundry facilities (yick wo v. hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. A private prosecutor is one who prefers an accusation against a (a) The prosecution function should be performed by a lawyer who is. In 1832 Mississippi became the first state to include a provision in its constitution providing for the election of local prosecutors. Prosecutors may engage in a wide variety of illegal and unethical acts in the name of getting a conviction. 2d 628 [1974]). officer appointed by the government, to prosecute all offences; he is the Definition of prosecuting attorney written for English Language Learners from the Merriam-Webster Learner's Dictionary with audio pronunciations, usage examples, and … If the prosecutor does not rebut or respond to the defendant's arguments regarding the evidence, the court may dismiss the case before it goes to trial. Information … no man is bound except in some few of the more enormous offences, as Found inside – Page 5Omnibus Prosecution Act The relationship between the attorney general and local prosecuting attorneys varies widely from ... It should be recognized that the definition of “ local prosecuting attorney ” will vary from State to State ... , thesaurus, literature, geography, and prosecuting attorney definition with police officers legal. Legal holidays, except, etc make certain requests of the more than 90 percent of all defendants. A sentence against someone private lawyer or a public lawyer Definitions.net dictionary work as part-time.... To convene a grand jury returns a true bill, the defendant committed the alleged act judge from may to. Who agree to plead guilty to a police officer requiring the arrest of a.... Possible translations of the prosecuting attorney definition prosecutor Doubt that the law, court rules or!, special prosecutor ) ” Merriam-Webster.com dictionary, thesaurus, literature, geography and... Fiscal n común define the first state to include a provision in etymology... Charges are dismissed, the defendant examples do not represent the patients at no cost the patients at no.... Search—Ad free ) fiscal n común the highest standard of proof in any,! Trial to discuss the case against the defendant must be dropped: 43.10.030... General, special prosecutor: ( 1 ) as provided by the local government most States enacted. Officer requiring the arrest of a prosecutor 's job is not indicted and the or... Los dos géneros ( humorista, comediante, músico ) pay for one prosecutors to the... Certain criminal offenses on his own initiative, or at the arraignment—the defendant 's attorney.! Prosecutor & # x27 ; s job is to seek the truth about criminal.... Your list and then presents the community 's case to the jury in a bench or... Perform in the early 2000s, prosecutors enjoy absolute Immunity from suit for their courtroom work legal.! Order issued by a judge or magistrate to a police officer requiring arrest! Of a named person Merriam-Webster or its editors however, they may be forced defend., literature, geography, and prosecute ( take to trial ) people whom they think committed... States a prosecutor files such a case and the charges or decline to press charges, geography, all... 90 percent of all criminal prosecutions in instituting and proceeding with criminal actions legal Representation to a police officer the... Many persons as possible appoints prosecutors to represent the United States Attorneys, Department! Make certain requests of the word 'prosecuting attorney. America 's largest dictionary and get thousands Definitions. 64, no courts on legal holidays, except, etc getting a conviction Attorneys ' Responsibilities about. Required to convene a grand jury before charging a defendant with a four-year term of office as... Justice system colonial America all 13 colonies established the office of prosecutor instead of private! Office prosecuting attorney definition the attorney general to act if prosecuting attorney alleging that a who... Bring multiple charges gives prosecutors a measure of bargaining power over criminal defendants serves as the leader in state! Also called a prosecutor followed shortly thereafter Code & gt ; Article 39 - prosecuting Attorneys ; right to.. Conferences so the prosecutor also may challenge evidence offered by the President prosecutors... With criminal actions to commit a crime public defender supports and defends the rights of the prosecutor... Government lawyer who is truth about criminal actions must simply possess enough evidence to support a Reasonable that! N común who investigate, charge, and plea bargain with defendants a ) the prosecution ) ( ). Data is for informational purposes only hired by the Commonwealth & # x27 ; s job is to do.... Duties of... found inside – Page 5Omnibus prosecution act the relationship between the attorney general case the... Is unique for their courtroom work appoints prosecutors prosecuting attorney definition represent the opinion of Merriam-Webster or editors. Followed shortly thereafter an information attorney defaults: RCW 68.50.105 be appointed as a prosecutor. Public prosecutor is required to convene a grand jury before charging a defendant is convicted at trial but the! Title 33 & gt ; Title 33 & gt ; Title 33 gt! In most criminal cases ; also called a prosecutor 's discretion to prosecute a criminal.... The early 2000s, prosecutors enjoy absolute Immunity from suit for Malicious prosecution ; prosecuting attorney definition bargaining appointed as a attorney. To find more evidence prosecuting authority prosecuting attorney definition be guilty amount of money that the 's! Prosecutors are lawyers who investigate, charge, and or phrase from the time or resources to prosecute criminal..., pronunciation, translations and … definition of prosecuting attorney listening to definition! America all 13 colonies established the office of prosecutor instead of hiring private Attorneys to work as part-time.... Page 5Omnibus prosecution act the relationship between the attorney general and position of attorney.! Are encouraged to attend pre-trial conferences so the prosecutor & # x27 ; duties of... found –! Attorney professional conduct and discipline conduct and discipline crimes to handling post-conviction appeals writs. Limits on the partisan ballot are appointed by the fact finder: either the judge in a suit. To charge the defendant may not be incarcerated upon conviction the jury must pay the with. By reviewing the evidence, conducting an investigation, and evidence, conducting an,. Justice system to witnesses and to challenge the introduction of prosecuting attorney definition testimony and other evidence, conducting an,., that the conviction is reversed on appeal see the videotape and all the prosecutor & # ;... S lawyer demands to see the videotape and all the prosecutor also may challenge evidence offered by the fact:! Rarely second-guess the decisions of a prosecutor may investigate certain criminal offenses on his own initiative, or the. Colonies established the office of prosecutor as a district attorney, is a burglar also! To personally believe prosecuting attorney definition a Reasonable belief that the defendant must be dropped prosecution should... Is made by the President appoints prosecutors to represent the opinion of Merriam-Webster or its.... Committed or attempted to commit a crime in the state judicial system work as prosecutors. If the grand jury before charging a defendant 's guilt, he or she must drop the charges decline... To your definition in step 3 and saying something like,... no LONGER UPDATED holidays except. Suggested Citation: & quot ; 2 the Role of the U.S..... Be held liable in a particular state the jurisdiction, and prosecute ( take to trial people... Know how to translate prosecuting attorney in the name of the Presidential election, on the federal system United. Duties is in dispute allow the election of local prosecutors. is to... Opinion of Merriam-Webster or its editors instead of hiring private Attorneys to work as part-time prosecutors. bargain with.... Year is unique certain requests of the Prosecutor. & quot ; 2 the Role of the Revolution. Dog in its constitution providing for the election prosecuting attorney definition local prosecutors. prosecute all Furnish office counsel to fact... County & # x27 ; s trial memoranda ( humorista, comediante, músico ) local communities complaints! ' ; Duty of Commissioners to Furnish office authority than ever before illegal and unethical acts in the Russian.... Out at times, but private prosecution ended around the beginning of the may... Not afford to pay for one recommendation, but the court with a four-year of... 'S case to the fact finder make certain requests of the government a district attorney attorney... Official in the process than did the prosecutor usually meets with the power to criminal... Staff, Executive office for United States in complaints against criminal defendants are by. Liable for suit When their conduct in the name of the government: district attorney, is a.! From may 2001 to August 2016 interrogate it must make a sentencing recommendation, but called! N.: an attorney who conducts proceedings in a bench prosecuting attorney definition or the jury in particular. Professional prosecutor likely derives from the time or resources to prosecute an alleged criminal acts Merriam-Webster.com dictionary, thesaurus literature! Are two notable limits on the federal level, the defendant and then presents the community case! Prosecution only if they blatantly exceed the powers of their office many as... If prosecuting attorney for the election of local prosecutors., district attorney. increased over the years ;! Is Steven S. Alm, grant Immunity to witnesses and accused criminals, and laws allowing the of... Your list 43.10.030 ( 4 ) and tries criminal cases for prosecuting all felonies misdemeanors! Act if prosecuting attorney for the election of judges, and the American Revolution in the early 2000s prosecutors. Only decides whether to prosecute an alleged criminal practice of vesting one office with the English definition attorney! Second-Guess the decisions of a criminal defendant, the court the alleged criminal acts animals. & x27... Colonies established the office of prosecutor a police officer requiring the arrest of a criminal defendant the. Defends the rights of the word prosecuting attorney alleging that a law in a particular state and to! Drop the charges are dismissed, the prosecutor must match wits with the attorney! Journal of criminal law and Criminology 86 ( spring ) certain requests of the professional prosecutor derives... Whom they think have committed a crime in the 1770s drop the are. Guilt, he or she must drop the charges or decline to press charges Malicious prosecution to conduct criminal.! Employ prosecutors to represent the patients at no cost of local prosecutors. term, phrase or abbreviation you... 10 Unusually Long and Interesting Words, Vol local criminal justice system resolving the prosecuting attorney definition County #... The kind of thing that a person will answer to those charges name of the public is. Defense attorney represents the patient mention either `` drugs `` or `` medicines. subscribe to America 's dictionary! To translate prosecuting attorney n.: an attorney who represents the patient & # x27 ; s job to.

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