FACTOID # 14: North Carolina has a larger Native American population than North Dakota, South Dakota and Montana combined.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
RELATED ARTICLES
People who viewed "Prosecutor" also viewed:
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Prosecutor

The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law in a criminal trial. Image File history File links Gnome-globe. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... Civil law or continental law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... It has been suggested that this article or section be merged with Jury. ...

Contents

Common law jurisdictions

Prosecutors are typically lawyers who possess a university degree in law and are recognized as legal professionals by the court in which they intend to represent the state. They usually only become involved in a criminal case once charges need to be laid. They are typically employed by an office of the government with safeguards in place to ensure such an office can successfully pursue the prosecution of government officials. Often multiple offices exist in a single country due to the various legal jurisdictions that exist. English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... A degree is any of a wide range of status levels conferred by institutions of higher education, such as universities, normally as the result of successfully completing a program of study. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...


Being backed by the power of the state, prosecutors are usually subject to special professional responsibility rules in addition to those binding all lawyers as a whole. For example, in the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information ... that tends to negate the guilt of the accused or mitigates the offense." Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests. ... ABA Model Rules of Professional Conduct, created by the American Bar Association (ABA), is a set of professional standards to guarantee the minimum legal ethics and professional responsibility of lawyers in the United States. ...


Directors of Public Prosecutions

In Australia, Canada, England and Wales, Hong Kong, Northern Ireland and South Africa the head of the prosecuting authority is typically known as the Director of Public Prosecutions and is appointed, not elected. A DPP may be subject to varying degrees of control by the Attorney-General, usually by a formal written directive which must be published. Anthem: UK: God Save the Queen Regional: (de facto) Londonderry Air Capital Belfast Largest city Belfast Official languages English (de facto), Irish, Ulster Scots 3, BSL, NISL, ISL Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister of the UK Tony Blair MP  - First Minister Ian Paisley  - Deputy First Minister... The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world. ... In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ...


In Australia at least, in the case of very serious matters, the DPP will be asked by the police during the course of the investigation to advise them on sufficiency of evidence and may well be asked, if he or she thinks it proper, to prepare an application to the relevant court for search, listening device or telecommunications interception warrants


More recent constitutions, such as South Africa's or Fiji's tend to guarantee the independence and impartiality of the DPP.


United States

In the United States the director of any such offices may be known by any of several names depending on the legal jurisdiction (e.g. County Attorney, Prosecuting Attorney (in Michigan), County Prosecutor, State Attorney, State's Attorney, State Prosecutor, Commonwealth's Attorney (in Virginia and Kentucky), District Attorney, District Attorney General (in Tennessee), City Attorney, City Prosecutor or U.S. Attorney) and may be either appointed or elected. Official language(s) None (English, de-facto) Capital Lansing Largest city Detroit Area  Ranked 11th  - Total 97,990 sq mi (253,793 km²)  - Width 239 miles (385 km)  - Length 491 miles (790 km)  - % water 41. ... The State Attorney (also called States Attorney or District Attorney or D.A.) is an appointed or elected official who is often the chief law enforcement officer of his or her respective county circuit or district. ... Commonwealths Attorney is the title given to the elected felony prosecutor in states that are officially called commonwealth. ... A district attorney is, in some U.S. jurisdictions, the title of the local public official who represents the government in the prosecution of criminals. ... It has been suggested that Executive Office for United States Attorneys be merged into this article or section. ...


Canada

In Canada the term for a Prosecutor is Crown Attorney or Crown Counsel. Crown Attorney or Crown Counsel are the public prosecutor in the legal system of Canada. ... Crown Attorneys or Crown Counsel are the public prosecutors in the legal system of Canada. ...


Scotland

Though Scots law is a mixed system, its heritage in civil law leads to a situation more reminiscient of a civil law jurisdiction. 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 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. Scots law (or Scottish law) is the law of Scotland. ... Civil law has at least three meanings. ... Civil law has at least three meanings. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... The procurator fiscal is the local public prosecutor in Scotland. ... The Crown Office and Procurator Fiscal Service provides an independent public prosecution service in Scotland. ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ... Discretion, tacuinum sanitatis casanatensis (XIV secolo) Discretion is a noun in the English language. ... In many common law jurisdictions (e. ... In the law of many common law jurisdictions, a summary offence (or summary offense) is an offence which can be tried without an indictment. ... This theory of punishment is based on the notion that punishment is to be inflicted on a offender so as to reform him, or rehabilitate him so as to make his re-integration into society easier. ... Social workers are concerned with social problems, their causes, their solutions and their human impacts. ... The Crown Office and Procurator Fiscal Service is a government department in Scotland that is responsible for the public prosecution of alleged criminals. ... Children’s Hearings are part of the legal and welfare systems in Scotland; they combine justice and welfare for children and young people. ...


Civil law jurisdictions

Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice. In some countries, such as France, they belong to the same corps of civil servants as the judges. Wikipedia does not yet have an article with this exact name. ... A degree is any of a wide range of status levels conferred by institutions of higher education, such as universities, normally as the result of successfully completing a program of study. ...


Brazil

In Brazil, the public prosecutors form a body of autonomous magistrates - the Ministério Público - working both at the federal and state level. The procuradores da República - federal prosecutors - are divided in three ranks "procuradores da República" (federal prosecutors), "procuradores regionais da República" (prosecutors who officiate before federal appellate courts), "subprocuradores gerais da República" (prosecutors who officiate before the superior federal courts), according to the jurisdiction of the courts before which they officiate. The Procurador Geral da República heads the federal body and tries cases before the Supremo Tribunal Federal (STF), Brazil's highest court, in charge of judicial review and the judgment of criminal offenses perpetrated by federal legislators, members of the cabinet and the President of Brazil. At the state level, the career is usually divided in "promotores de Justiça substitutos" (substitute state prosecutors), "promotores de Justiça" (state prosecutors) and "procuradores de Justiça" (prosecutors officiating before the states' court of appeals). There are also military prosecutors whose career, although linked to the federal prosecutors, is divided in a manner similar to state prosecutors. In Brazil the prosecutors' main job is to promote justice, which means 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 aquitt 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. Although empowered by law to do so, prosecutors conduct criminal investigations only in major cases, usually envolving police or public officials' wrongdoings. Also, they are in charge of supervising police work and directing the police in their investigations. The power of individual prosecutors to hold criminal investigations is still controversial and, although massively supported by judges, prosecutors and the general population, it is being contested before the Supremo Tribunal Federal. Beside their criminal duties, Brazilian prosecutors are among those authorized by the Brazilian constitution to bring action against private individuals, commercial enterprises and the federal, state and municipal governments, in the defense of minorities, the environment, consumers and the civil society in general.


France

In France, the prosecutor, or Procureur de la République (or Procureur Général in an Appeal Court or Avocat Général in the Court of Cassation) is assisted by deputies (substituts). He opens preliminary enquiries, and if necessary asks for the nomination of an investigating magistrate (a Juge d'Instruction) to lead a judiciary information. In the case of an information led by a judge, the prosecutor does not lead the enquiries, but simply lays down the scope of the crimes that the judge and law enforcement forces investigate upon; he may, like defense attorneys, request or suggest further enquiries. During a criminal trial, the prosecutor has to lay the case in front of the trier of fact (judges or jury). He generally suggests a certain sentence, which the court has no obligation to follow — the court may decide on a higher or lower sentence. The procureur has also some other duties regarding more generally the administration of justice. Court of Appeals or (outside the United States) Court of Appeal is the title of certain appellate courts in various jurisdictions. ... The Court of Cassation (Cour de cassation in French) is the main court of last resort in France. ... This article is about the inquisitorial system for organizing court proceedings. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Judges may refer to the Book of Judges in the Bible more than one judge. ... This article or section does not adequately cite its references or sources. ...


Germany

In Germany, the Staatsanwalt (literally 'state attorney') does not just have the "professional responsibility" (as mentioned above) not to withhold exculpatory information, but is required by law to actively determine such circumstances. The German Staatsanwaltschaft or public prosecutor’s offices are criminal justice bodies attached to the judiciary but separate from the courts. ...


Japan

In Japan, public prosecutors (検察官 kensatsu-kan?) are professional officials who have considerable powers of investigation, prosecution, superintendence of criminal execution and so on. Prosecutors can direct police for investigation purposes and sometimes investigate directly. Only prosecutors can prosecute criminals in principle and prosecutors can decide to prosecute or not. High-ranking officials of the Ministry of Justice are largely prosecutors. Categories: Government of Japan | Stub ...


Switzerland

Bernard Bertossa was public prosecutor of Geneva from 1990 to 2002. Bernard Bertossa was Genevas public prosecutor from 1990 to 2002. ... Hunters a cool hobo For other uses, see Geneva (disambiguation). ...

Socialist law jurisdictions

Socialist law is the official name of the legal system used in Communist states. ...

Soviet Union

In the Soviet Union, the highest functionary of the Office of the Public Prosecutor was known as "Public Prosecutor" during 1936–1946 and "Prosecutor General" afterwards. Prosecutor General of the USSR (Генеральный прокурор СССР in Russian, or Generalnyi prokuror SSSR), was the highest functionary of the Office of Public Prosecutor of the USSR, responsible for the whole system of offices of public prosecutors and supervision of their activities on the territory of the Soviet Union. ...


People's Republic of China

A Public Procurator is a position in the People's Republic of China, analogous to both detective and public prosecutor. Legally they are bound by Public Procurators Law of the People's Republic of China. According to Article 6 The functions and duties of public procurators are as follows: A Public Procurator is a position in the Peoples Republic of China, analogous to both detective and public prosecutor. ... This article does not cite its references or sources. ... In countries adopting the common law adversarial system or the civil law inquisitorial system, the prosecutor is the chief legal representative of the prosecution. ...


(1) to supervise the enforcement of laws according to law;


(2) to make public prosecution on behalf of the State;


(3) to investigate criminal cases directly accepted by the People's Procuratorates as provided by law; and


(4) other functions and duties as provided by law.


Institutional independence

In many countries, the prosecutor's administration is directly subordinate to the executive branch (e.g the US Attorney General is a member of the President's cabinet). This relationship theoretically and in some cases practically leads to situations where the public accuser will either falsely charge people (in Putin's Russia) or refuse to charge arrested persons at all (to keep them in protracted legal limbo as in the case of Guantanamo Bay Camp X-ray), if that serves political aims. Many thinkers feel such outcomes are incompatible with basic human rights and constitutional ideals. Vladimir Vladimirovich Putin (Влади́мир Влади́мирович Пу́тин in Cyrillic lettering) (born October 7, 1952) has been the President of Russia since the year 2000. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantánamo Bay detainment camp serves as a joint military prison and interrogation center under the leadership of Joint Task Force Guantanamo (JTF-GTMO), has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since 2002. ... Camp X-Ray, shown here under construction, was a temporary holding facility for detainees held at U.S. Naval Base Guantanamo Bay, Cuba. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ...


In a smaller number of countries, such as Brazil, the hierarchy of prosecutors are installed with the same (or nearly the same) liberties the judges traditionally enjoy. They are only responsible to the parliament and the chief prosecutor is usually elected for a long period (seven years typically) or even a lifetime. In terms of political theory, this would mean the independent prosecution becomes the fourth column in the architecture of power separation, besides the legislative, executive and judicial branches. A legislature is a governmental deliberative body with the power to adopt laws. ...


In practice, such establishment often results in heated political debates, as new governments regularly accuse the reigning chief prosecutor of being "informally grateful" to the political opposition (i.e. the former parliamentary majority which elected him/her for a period extending multiple parliamentary cycles). In Hungary, the new government created the method of "private accusing" in 2003 as a response, meaning person(s) or a private entity can directly petiton the courts to hold trial against someone they feel is guilty of a crime, should the prosecutor refuse to indict him/her. If a reviewing judge agrees with the private accusing, a judge selected from another court district will hold the trial and force a prosecutor to represent the charges. Such creations may hurt the scheme of separation of powers more than they remedy problems of alleged or existing bias. In Brazil there is a similar provision which transfers the power to prosecute to the crime victim if, and only if, the prosecutor in charge of the case fails to make a decision to file or drop the charges in the deadline established by the penal procedure code. Although contested by some, this provision is often thought of as a welcomed form of public control of the prosecutor's office activities. 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... It has been suggested that Balance of powers be merged into this article or section. ...


Bibliography

  • MAZZILLI, Hugo Nigro.Regime Juridico do Ministério Público 5ª edição, São Paulo: Saraiva, 2001.
  • Raoul Muhm , Gian Carlo Caselli (Hrsg.) :

Die Rolle des Staatsanwaltes Erfahrungen in Europa - Il ruolo del Pubblico Ministero Esperienze in Europa - Le role du Magistrat du Parquet Expériences en Europe - The role of the Public Prosecutor Experiences in Europe - Vecchiarelli Editore Manziana (Roma) 2005 ISBN 88-8247-156-X

  • Raoul Muhm : The role of the Public Prosecutor in Germany

in : The Irish Jurist | Volume XXXVIII | New Series 2003 , The Law Faculty, University College, Dublin http://www.larchivio.org/xoom/raoulirish.htm


http://www.larchivio.com/diritto.htm


External links

  • www.prosecutor.info indexes almost 2,900 prosecutor web sites throughout the USA and other countries.

  Results from FactBites:
 
Prosecutor - Wikipedia, the free encyclopedia (1377 words)
Prosecutors are typically lawyers who possess a university degree in law and are recognized as legal professionals by the court in which they intend to represent the state.
Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice.
In France, the prosecutor, or Procureur de la République (or Procureur Général in an Appeal Court or Avocat Général in the Court of Cassation) is assisted by deputies (substituts).
Prosecutor - definition of Prosecutor in Encyclopedia (376 words)
Prosecutors are typically lawyers who possess a university degree in law, are recognized as legal professionals by the court in which they intend to represent the state, and, in countries where the distinction is made, are barristers.
Prosecutors are typically civil servants who possess a university degree in law and additionnal training in the administration of justice.
In France, the prosecutor, or procureur (or procureur général in a Appeal Court or the Court of Cassation) is assisted by deputies (substituts).
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m