Who has more power, a judge or a prosecutor?
Asked by: Malachi Schinner | Last update: October 9, 2025Score: 4.9/5 (21 votes)
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 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.
Who is the most powerful person in a courtroom?
1Prosecutors are the most powerful officials in the American criminal justice system. They control the direction and outcome of all criminal cases, particularly through their charging and plea-bargaining decisions.
What is the difference between a judge and a prosecutor?
The judge holds the ultimate power. The prosecutor presents the case and makes or breaks the case. Both are different but equally important. In the end the judge is supposed to settle the case due to what the prosecutor puts forth and proves.
Who has more authority than a judge?
Supreme Court Justices
The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.
Guess Who's the Most Powerful Person In The Justice System
Who is the boss over a judge?
Lower courts typically answer to higher courts and the highest court (usually the supreme court), does not answer to anyone. The AG's office is a separate branch of government and would have power over judges typically.
Who has more power a prosecutor or a judge?
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.
Who is 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.
Is a DA higher than a judge?
The DA is a part of the executive branch of government whereas the judge is a part of the judicial branch of government. The DA has certainly powers when it comes to investigating and prosecuting crimes that the judge does not. The DA can decide whether to prosecute a case or not. The judge has no power to do that.
Can you become a judge after being a prosecutor?
On nearly all occasions, judges are appointed following legal careers of trying cases. There are several routes available when deciding how to practice law. You may opt to work in public service, either as a prosecutor or a public defender. Another available option is to work for a private law practice.
Why are prosecutors so powerful?
Prosecutors decide what, if anything, to charge—a decision that can be life-altering before and after a conviction. Whether a case goes to trial or ends in a plea deal, as the vast majority of criminal cases do, prosecutors play a major role in determining a sentence.
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.
What is the most powerful judge called?
The Chief Justice is the presiding officer of the Court, supervising the process of selecting the cases the Court will hear, the public sessions or hearings, the discussions of the cases at private conference, and the subsequent votes of the nine Justices (including the Chief Justice).
What can a prosecutor not do?
(b) The prosecutor should not make a statement of fact or law, or offer evidence, that the prosecutor does not reasonably believe to be true, to a court, lawyer, witness, or third party, except for lawfully authorized investigative purposes.
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.
Who can override a judge's decision?
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”
Do judges side with prosecutors?
The sentence in the State of California case is determined in conjunction with the prosecutor. The judge simply 'rubber stamps' it.
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.
Can a Supreme Court justice be removed by the president?
Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
Who controls prosecutors?
The United States is the only country that elects its top prosecutors. The electorate is supposed to hold these prosecutors accountable. But in reality, voters often do not know who their local prosecutors are or what they do in the courthouse.
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.
Who does the prosecutor go against?
The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
Can a judge disagree with prosecutor?
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
Who is the most powerful person in court?
Final answer: The most powerful person in the American criminal justice system is typically the prosecutor, who controls the prosecution of cases and must prove the defendant's guilt beyond a reasonable doubt. Judges oversee court proceedings but do not hold as much substantive power over cases.
Can prosecutors make arrests?
Like any other ordinary citizen, a prosecutor could make a citizen's arrest. But a prosecutor is not a law-enforcement officer. A prosecutor is the person who decides whether a person who's been lawfully arrested should be charged with a crime, then seeks indictment, and represents the People at the trial.