Do prosecutors have more power than judges?
Asked by: Mr. Jeffery Cummings III | Last update: September 5, 2025Score: 4.5/5 (19 votes)
the judge has the most power over your body in that particular moment, in that the judge can order the bailiff to take you into custody directly. the prosecutor has the most power over your case and your legal future.
Can the judge overrule the prosecutor?
Judges do not have control over which charges are brought against a defendant but may have discretion in sentencing, even when a plea bargain is involved. Thus, a judge can accept a plea bargain while simultaneously imposing a different sentence than the sentence to which the defendant and the prosecutor agreed.
Is the prosecutor the most powerful?
For someone arrested for a criminal offense, prosecutors are arguably the most powerful figures in the legal system. Prosecutors decide what, if anything, to charge—a decision that can be life-altering before and after a conviction.
Who is the most powerful in court?
With expansive authority to initiate actions and wield appellate jurisdiction over all courts and the ability to invalidate amendments to the constitution, the Supreme Court of India is widely acknowledged as one of the most powerful supreme courts in the world.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
Are Prosecutors More Powerful Than Judges?
Who has the highest authority in court?
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
What's higher than a prosecutor?
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.
Can prosecutors make arrests?
(a) While the decision to arrest is often the responsibility of law enforcement personnel, the decision to institute formal criminal proceedings is the responsibility of the prosecutor.
Do judges have more power than lawyers?
A: In criminal cases, lawyers may have more power than private judges because they often represent defendants facing serious criminal charges. Lawyers can argue for their client's innocence, negotiate plea deals, and present evidence to sway judges and juries.
Who can overrule a judge?
Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.
Do prosecutors become judges?
Typically, they go from being prosecutors to being magistrates and then they run for an open seat (or get appointed mid-term) to a judge position.
Who's higher than a judge?
The powers of a judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems.
What are prosecutors not allowed to do?
Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Who is the most important person in a courtroom?
The judge is the central figure in the courtroom and typically is seated higher than everyone else. The judge allows each side the opportunity to present its version of the facts. A court reporter (in superior court), a clerk, and a bailiff each assists the judge with the trial.
Can a lawyer interrupt a judge?
Judges Expect Lawyers to Show Respect and Deference
Lawyers never call a judge by his or her first name, but instead call the judge “Judge” or “Your Honor.” And while judges may (and do) interrupt lawyers while they speak, lawyers almost never interrupt judges.
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
How powerful are prosecutors?
Prosecutors are the government officials charged with investigating and prosecuting crimes. Prosecutors have near-unlimited power to make all the most consequential decisions in a criminal case from beginning to end.
Does turning yourself in reduce your sentence?
There are so many things that factor into sentencing that there is no way to say “turning yourself in will cut off 2yrs or 60% of your sentence.” In general, in the US plea deals result in less harsh punishments because you are saving the state the time, money and uncertainty of a trial.
Who gets paid more, a lawyer or a prosecutor?
Prosecutors and defense attorneys make comparable salaries, with the caveat that jobs in the private sector typically pay more than those in the public sector.
How many years does it take to become a prosecutor?
Aspiring prosecuting attorneys must first obtain a four-year degree from an accredited university and then graduate from law school, which typically takes an additional three years.
Is a prosecutor harder than a lawyer?
Typically, the prosecutor will ask easy soft ball questions like “what did you see?” or “what did you do?” This style of questioning is called direct examination. Direct examination is completely different that cross examination. A prosecutor's job is easier than a defense attorney generally.
Who is the most powerful person within the courts?
the prosecutor has the most power over your case and your legal future. They have discretion to drop or amend charges, and to some extent over your plea. They would also be the ones able to bring new charges against you.
Can the president fire a federal judge?
Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate.
What is the rule of four?
The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.