PROSECUTOR, practice. The one who prosecutes another for a crime committed in the name of the government. 2. Prosecutors shall be public or private. The prosecutor is an official appointed by the government to prosecute all crimes; He is the Attorney General or his deputy. 3. A private prosecutor is a person who promotes an indictment against a party suspected of being guilty. Any man can become a prosecutor, but no man is obliged to be one, except in some of the most serious crimes than treason, but if the prosecutor were to aggravate a crime, he would be guilty of a crime. The prosecutor is encouraged to prosecute because, in many cases, he cannot have a civil remedy until he has fulfilled his duty to society by endeavouring to bring the perpetrator to justice. If a prosecutor acts for the right reasons, I am not liable to the damages party, even if he was wrong in his suspicions; However, if he initiates criminal proceedings on grounds of revenge without reasonable grounds, he may be punished by referring to damages in a prosecution for malicious prosecution.
4. In Pennsylvania, a defendant is not required to invoke an indictment if there is a private prosecutor until his name has been indicated as such on the indictment, and if the defendant is acquitted, the jury may order that he bear the costs in all cases, except in the case of a criminal offense. Empty 1 Chit. Cr. Act, 1-10; 1 Phil. Ev. Index, h.t.; 2 Virg. Cases. 3, 20; 1. Dall. 5; 2 Bibb. 210; 6 Call 245; 5 margins.
669; and the article Inform. Prosecutors are required by state and federal laws to follow certain rules. Although responsibilities vary from jurisdiction to jurisdiction, many prosecutors are responsible for all stages of criminal proceedings, from police investigation to trial and beyond at all levels of appeal. Many also defend the state in civil lawsuits. In the United Kingdom, prosecutions are brought on behalf of the Crown. In this sense, it can be said that the Crown will be prosecuted, and the charge is often referred to as “the Crown.” Prosecutors are considered judges under French law, as in most civil law countries. While both the defense and the plaintiff are represented by ordinary lawyers sitting (on chairs) on the floor of the courtroom, the prosecutor sits on a platform like the judge, even if he does not participate in the deliberations. Judges and prosecutors are trained in the same school and consider each other as colleagues. In France, the Public Prosecutor`s Office is composed of an Attorney-General (Public Prosecutor in the Courts of First Instance and the Prosecutor General in the Courts of Appeal or the Supreme Court) and his deputies and assistants (Advocates-General and Substitutes). The Prosecutor General usually opens preliminary investigations and, if necessary, requests that an investigating judge be appointed to lead a formal judicial investigation. When an investigation is conducted by a judge, the prosecutor plays an oversight role and defines the scope of the crimes he or she is investigating and the law enforcement agencies.
Like the defence lawyer, the chief prosecutor may request or request a more thorough investigation. During criminal proceedings, prosecutors are responsible for presenting the case either to the Chamber or to the jury. Prosecutors usually offer guidelines for consultative sentencing, but the verdict remains at the discretion of the court to decide, increase or reduce as it sees fit. In addition, prosecutors have several administrative tasks. Bruce L. Benson`s To Serve and Protect praises the role of private prosecutors, often hired by law enforcement agencies, to meet the needs of victims of crime in England. The libertarian theory is that there should be no prosecutors, but rather crimes should be treated as civil offenses. Murray Rothbard writes: “In a libertarian world, there would be no crimes against an ill-defined `society` and therefore no person such as a `district attorney` who decides on an indictment and then lays that charge against an alleged criminal.
[33] Scientists disagree on the exact historical origins of the U.S. attorney. The modern version of the professional prosecutor probably stems from the European practice of giving an office the power to prosecute. In England, private parties could sue other private parties until the eighteenth century, but the English laws that created the prosecutor`s office already existed in the mid-sixteenth century. In colonial America, the 13 colonies established the office and position of attorney general. The attorney general of the colony was responsible for prosecuting crimes committed in the colony. Private prosecutions were sometimes conducted, but the private trial ended around the beginning of the American Revolution in the 1770s. Historians have attributed the rise of prosecutors to the costs associated with private prosecutions. Few individuals in colonial America had the time or resources to prosecute an alleged criminal. A prosecutor is a lawyer who works for a state or government organization and is responsible for initiating legal proceedings and then proving to the court that the suspect committed the crime of which he or she is accused. The opposite of a prosecutor is a defense lawyer.
In this TV crime drama, the prosecutor is the one trying to put the bad guy in jail, and the defense lawyer is the one trying to prove that the guy is really not a bad guy. If the accused does not want to plead guilty, the prosecutor usually has to defend the legality of the charge at different stages before trial. In criminal cases, the prosecutor may be required by law to obtain permission from a grand jury before he or she can prosecute the accused. A grand jury is a panel of people who can refuse prosecution for lack of evidence. If the grand jury returns a non-invoice, the defendant will not be charged and the case against the defendant must be dropped. If the grand jury returns a real bill, the accused is charged and the indictment can continue. Although Scottish law is a mixed system, its civil jurisdiction emphasizes its civil heritage. Here, all prosecutions are conducted by tax prosecutors and deputy lawyers on behalf of the Lord Advocate, and theoretically they can conduct investigations by the police. In very serious cases, a tax prosecutor, a deputy lawyer or even the Lord Advocate can conduct a police investigation.
It is at the discretion of the tax prosecutor, assistant counsel or lord advocate to bring an indictment before the courts and decide whether or not to prosecute it in solemn or summary proceedings. Other remedies are available to a prosecutor in Scotland, including fines and extrajudicial interventions such as rehabilitation and social work. All prosecutions are handled within the Crown office and the prosecutor`s tax department. Tax prosecutors usually refer cases involving minors to children`s hearings, which are not courts, but a body of lay members empowered to act in the best interests of the child. The titles of prosecutors in state courts vary from state to state and at the government level (i.e., .