who does the general lawyer prosecute

Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. In the federal system, these prosecutors are called U.S. Attorneys and Assistant U.S. Attorneys. Prosecutors in the states are known as district attorneys, state attorneys, or have other similar names.

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Does Attorney General have to be an attorney?

The Attorney General invariably has been, but is not legally required to be, a lawyer. The Constitution is silent as to his or her qualifications, and 28 U.S.C. 503 provides simply, “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States.

Does the Attorney General have power over the FBI?

Title 28, U.S. Code, Section 533, authorizes the attorney general to appoint officials to detect and prosecute crimes against the United States. Title 18, U.S. Code, Section 3052, specifically authorizes special agents and officials of the FBI to make arrests, carry firearms, and serve warrants.

Do the Attorney General represent individuals?

The OFFICE of the attorney general is supposed to represent the people of this country by enforcing the laws as they are written. Our current occupant of this position seems to think these laws are open to interpretation depending on who he is applying them towards. 6 views · Answer requested by

How do you contact Attorney General?

WFAA attempted to contact Davis multiple times for a comment ... The plans ranged from $92 to $300. The attorney general’s office is asking for between $250,000 and $1 million. “I’m sorry for anyone who feels hurt or scammed,” Davis said in ...

What responsibility does the Solicitor General have?

The task of the Office of the Solicitor General is to supervise and conduct government litigation in the United States Supreme Court. Virtually all such litigation is channeled through the Office of the Solicitor General and is actively conducted by the Office.

Who has authority to prosecute?

The United States Attorney is authorized to initiate prosecution by filing a complaint, requesting an indictment from the grand jury, and when permitted by law, by filing an information in any case which, in his or her judgment, warrants such action, other than those instances enumerated in JM 9-2.120.

What does the Attorney General do Australia?

The attorney-general is the minister responsible for legal affairs, national and public security. The attorney-general also serves as a general legal adviser to the Cabinet, and has carriage of legislation dealing with copyright, human rights and a range of other subjects.

What is the role of the Attorney General UK?

The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.

How do you prosecute someone?

Eight steps in the prosecution processInvestigation. The investigator, often the police, takes statements and collects evidence to be used in criminal prosecutions. ... Brief assessment/charges laid. ... Charging or starting proceedings. ... Committal proceeding. ... Hearing. ... Trial. ... Sentencing. ... Appeals.

Is prosecutor higher than a lawyer?

The prosecutor works to prove guilt beyond a reasonable doubt while the defense attorney attempts to create reasonable doubt so that their client is deemed innocent. If the jury says that an individual is guilty, the prosecutor and defense attorneys both help with sentencing.

What does the commonwealth Attorney General do?

By convention, the Attorney-General is a lawyer and has the role of principal legal adviser to the Commonwealth government. The primary responsibility of the Attorney-General is to protect, preserve and promote the rule of law.

What is the role of the Attorney General in NSW?

As such the attorney general advises and represents the Crown and government departments in court. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments.

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 the difference between Attorney General and Solicitor General UK?

Her Majesty's Solicitor General for England and Wales, known informally as the Solicitor General, is one of the law officers of the Crown in the government of the United Kingdom. They are the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law.

Can Attorney General address the Parliament?

Option C is the correct answer. Attorney General of India has the right to address the Parliament. Article 76 states that the Attorney General of India is the Indian government's chief legal advisor, and its primary lawyer in the Supreme Court of India.

Is Attorney General Member of Parliament?

The Attorney General of India can be a member of any Parliamentary Committee. 2. The Attorney General of India can take part in the proceedings of either House of Parliament. 3.To be appointed as the Attorney General of India, a person must be qualified to be appointed as a judge of the Supreme Court of India.

What Does a General Practice Lawyer Do?

Instead of specializing in one or two areas of the law, general practice attorneys cover a wider range. Because their work spans multiple practice areas, they are knowledgeable about a wide array of legal matters. Some of the most common cases handled by general practice attorneys involve:

Why do young attorneys choose general practice?

Younger attorneys may also choose general practice because they are unable to decide what they want to specialize in. This gives them a taste for the different areas of the law.

How much do attorneys make?

According to the Bureau of Labor Statistics (“BLS”) Occupational Outlook Handbook, the annual average salary for attorneys in the U.S. is $119,250 as of 2018. This number accounts for lawyers in all fields of practice as the BLS does not list them separately.

What is the employment rate of lawyers?

The employment rate for lawyers is projected to grow around 8% according to the BLS. This is the average for all occupations in the U.S. The competition for attorney jobs is expected to remain competitive as more students graduate from law school.

What should an attorney do?

Your attorney should be someone you feel is one your side and are comfortable discussing the details of your case with. He should address your concerns and represent your best interests throughout the case.

Can general practice attorneys work for non-profits?

General practice attorneys can also work for non-profit organizations such as legal-aid agencies. These lawyers provide free or reduced rate services to clients who cannot afford to hire private representation.

Is it important to hire a lawyer?

If your situation involves multiple areas of the law, hiring a general practice lawyer may be the right choice.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

Who is the Attorney General of Australia?

The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General.

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is the role of the Attorney General of Kenya?

In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet. His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in the performance of his duties as Principal Legal Adviser to the Government are:

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

What is the role of the Minister of Public Safety?

A separate cabinet position, the Minister of Public Safety ( Ministre de la Sécurité publique ), formerly the "Solicitor General", administers the law enforcement agencies (police, prisons, and security) of the federal government.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

What is the primary role of a prosecutor?

Furthering the cause of justice is the primary role of the prosecutor, but many practical considerations influence the prosecutor’s decisions to pursue some cases, but not others. Among them are:

What are the responsibilities of a prosecutor?

Furthering the cause of justice is the primary role of the prosecutor, but many practical considerations influence the prosecutor’s decisions to pursue some cases, but not others. Among them are: 1 the sheer number of criminal statutes; prosecutors couldn’t possibly enforce them all and must decide which ones are most important and which violations are worthy of punishment 2 the limited number of prosecutors, courts, and prison capacity 3 the unique character of any suspected criminal incident—some witnesses are credible, but those that are not cannot support a reasonable prosecution, and 4 the need to take the individuals involved into account. For example, a prosecution might do more harm to the victim, or a victim may implore the prosecutor not to pursue the case. Whether to proceed in these situations (balancing individual justice with enforcing the law) is one of the most difficult decisions that prosecutors make.

What Restrains the Prosecutor’s Discretion?

Not much, but here’s a run-down of how abusive prosecutors can be brought to heel:

What is the agreement between a prosecutor and a defense counsel?

In most federal and state courts, prosecutors and defense counsel have a conversation at some point about “settling this matter.” In exchange for a guilty plea (sometimes to a specific crime), the prosecutor agrees to ask for a specific sentence (in some courts, the judge is part of the bargain, agreeing in advance to impose the agreed-upon sentence). The defendant avoids the risk of ending up with more convictions and a harsher sentence; the prosecutor avoids the risk of losing the case altogether, and resolving the case removes it from the prosecutor’s busy schedule (not an insignificant factor).

What is a prosecutor in 2020?

Updated: Dec 30th, 2020. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. In the federal system, United States Attorneys are appointed by the President to run regional offices; they in turn hire assistant prosecutors. Prosecutors in the states are known as district ...

What are the factors that may be at work when prosecutors make charging decisions?

The American Bar Association’s Standards for Criminal Justice identify these factors that may be at work when prosecutors make charging decisions: the prosecutor’s reasonable doubt that the accused is guilty. the extent of the harm caused by the offense.

What is the purpose of a prosecutor's charge?

A prosecutor's charging decisions set the stage for the conviction and sentencing. The law defines the offense and its punishment, and the judge must sentence within the confines of the law for the convicted offense. Even if the defendant beats some of the charges or ends up convicted of lesser offenses, the court’s power has been circumscribed to some degree by the prosecutor's initial charging decision.

Who handles the bulk of the trial work?

Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

When can an attorney general appoint an independent counsel?

attorney general can appoint an independent counsel when the attorney general receives from a credible source specific allegations of wrongdoing by a high‐ranking government official.

What is an independent counsel?

Independent counsels investigate high government officials, delving into accusations of everything from cocaine use by senior White House aides to perjury by the president. The purpose of an independent counsel is to guarantee public confidence in the impartiality of any criminal investigation into conduct of top officials in the executive branch of the federal government.

What is a district attorney?

On the state, county, and municipal levels of government, district attorneys (D.A.) are responsible for bringing offenders charged with crimes to justice and enforcing the criminal laws. In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one.

When did the independent counsel law become politicized?

By 1999, the office of independent counsel had become so politicized and partisan that critics were calling for the repeal of the independent counsel law. Previous Introducing the Prosecutors. Next Defense Attorneys.

What is the highest law enforcement officer in the state?

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. But only rarely does a state attorney general discipline a county or city D.A. for prosecutorial misconduct.

What does the Attorney General do?

The attorney general’s office investigates crimes or schemes that span multiple counties. It also works with federal investigators on cases that span multiple states.

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

What did Preate feel about being a district attorney?

While Preate talked highly of being a district attorney, he felt that leadership experience was attainable from many places.

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

How many employees does the Attorney General have?

The office works on criminal, civil and consumer protection cases and has 830 employees in offices across the state, according to the latest figures provided by the attorney general’s office. More than half of those employees work on criminal cases.

Who is Joe Peters?

Republican candidate Joe Peters was a Scranton police officer, an organized crime and drug prosecutor in the attorney general's office for 15 years, a federal mafia prosecutor and oversaw a White House drug trafficking program. He most recently served as Kathleen Kane’s spokesman for about eight months in 2013 and 2014.

What is a prosecutor?

A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system or the civil law inquisitorial system.

What are the titles of prosecutors?

city, county, and state) and include the terms District Attorney in New York, California, Texas, Pennsylvania , Delaware, Massachusetts, North Carolina, Georgia, Nevada, Wisconsin, Oregon, and Oklahoma; City Attorney in California cities (typically prosecute only minor and misdemeanor offenses) Commonwealth's Attorney in Kentucky and Virginia ; County Attorney in Nebraska, Minnesota, and Arizona; County Prosecutor in New Jersey, Ohio, and Indiana; District Attorney General in Tennessee; Prosecuting Attorney in Arkansas, Hawaii, Idaho, Michigan, Washington, and West Virginia (as well as in Missouri where cities additionally use "City Attorneys" to prosecute on their behalf); State's Attorney in Connecticut, Florida, Illinois, Maryland, North Dakota, and Vermont; State Prosecutor; Attorney General in Delaware and Rhode Island; and Solicitor in South Carolina. Prosecutors are most often chosen through local elections, and typically hire other attorneys as deputies or assistants to conduct most of the actual work of the office. United States Attorneys are appointed by the President and confirmed by the Senate. They represent the federal government in federal court in both civil and criminal cases. Private attorneys general can bring criminal cases on behalf of private parties in some states.

What is the office of the prosecutor in France?

In France, the Office of the Prosecutor includes a Chief Prosecutor ( Procureur de la République in trial courts and procureur général in appellate courts or the Supreme Court) and his deputies and assistants ( avocats généraux and substituts ).

What is the role of a Crown Prosecutor?

The Crown prosecutor is in charge of policy decisions and may prioritize cases and procedures as need be . During a criminal trial, prosecutors must introduce and explain the case to the trier of fact, i.e., judges or jury.

What are the rules that a prosecutor must follow?

Prosecutors are required by state and federal laws to follow certain rules. For example, the government must disclose exculpatory evidence to the defense; must disclose matters affecting the credibility of prosecution witnesses, such as an agreement to dismiss the witness's own charges in exchange for her testimony; must not destroy potentially useful evidence in bad faith; and must not use false testimony to secure a conviction. Failure to follow these rules may result in a finding of prosecutorial misconduct, although a 2013 investigation found that actual discipline for prosecutorial misconduct was lacking.

What is the Scots law?

Though Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, and, in theory, they can direct investigations by the police. In very serious cases, a Procurator Fiscal, Advocate Depute or even the Lord Advocate, may take charge of a police investigation. It is at the discretion of the Procurator Fiscal, Advocate Depute, or Lord Advocate to take a prosecution to court, and to decide on whether or not to prosecute it under solemn procedure or summary procedure. Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work. All prosecutions are handled within the Crown Office and Procurator Fiscal Service. Procurators fiscal will usually refer cases involving minors to Children's Hearings, which are not courts of law, but a panel of lay members empowered to act in the interests of the child.

What is the job of a prosecutor in Brazil?

In Brazil the prosecutors' main job is to promote justice, as such they have the duty of not only trying criminal cases, but, if during the trial, they become convinced of a defendant's innocence, requesting the judge to acquit him. The prosecutor's office has always the last word on whether criminal offenses will or will not be charged, with the exception of those rare cases in which Brazilian law allows for private prosecution. In such cases, the prosecutor will officiate as custos legis, being responsible to ensure that justice is indeed carried out.

What did Trump pressure his acting attorney general to do?

He pressured his acting attorney general, Jeffrey Rosen, to open an investigation of purported fraud in the vote count in Georgia , even though there was no evidence of such wrongdoing. In one call, Trump apparently directed Rosen to "just say the election was corrupt, [and] leave the rest to me."

Is there a need for investigations of presidential wrongdoing?

Investigations of presidential wrongdoing, by Congress and others, are wise and even necessary. But actual prosecutions are not, and Donald Trump should be the beneficiary of this tradition, even if he himself would surely not offer such grace to others.

Can federal criminal prosecutions take place?

Federal criminal prosecutions can take place only pursuant to specific statutes, so it's worth analyzing some of the laws that critics say Trump may have violated.

Is it a crime to conspire to defraud the United States?

But what about a conspiracy "to defraud the United States," which does not require proof of an underlying offense? According to Justice Department policy, the government will only bring such a charge if the defendant "made statements that he/she knew to be false, fraudulent or deceitful to a government agency, which disrupted the functions of the agency or of the government."

Overview

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the attorney-general is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General. …

Etymology

Similar offices in non-common law jurisdictions

External links

The Prosecutor’S Role During Investigations

The Prosecutor’S Role in Charging Crimes

Plea Bargaining

The Prosecutor’S Role at Sentencing

• While it’s the court’s role to impose a sentence, that sentence (a specific sentence or a range) is set by the offense that the defendant stands convicted of. Consequently, the judge will be constrained by the charges that the prosecutor has elected to bring against the defendant. Even if the defendant beats some of the charges or ends up convicted...

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The Prosecutor’S Post-Conviction Role

What Restrains The Prosecutor’S Discretion?

Questions For Your Attorney