Who has more power a prosecutor or a judge?
Asked by: Misael Hane | Last update: August 7, 2025Score: 4.2/5 (53 votes)
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.
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.
Are prosecutors more powerful than judges?
And for good reason too: the judge controls the calendar, presides over sentencing, and has the power to set bail. However, this article is going to let you in on a little-known secret: in the vast majority of cases, the prosecutor has more power over the outcome of a criminal case that the judge.
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.
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.
Guess Who's the Most Powerful Person In The Justice System
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.
How powerful are prosecutors?
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 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 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.
Who is the most powerful person within the courts?
Full text. 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.
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.
Do judges have more power than cops?
A judge can impose a sentence on a police officer but not vice-versa. As a practical matter, a judge generally holds more influence in the criminal justice system and probably in the view of society than a cop so if they go head to head the judge will likely prevail.
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.
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.
Why are prosecutors more powerful than judges?
Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.
Can a judge nullify a jury?
Nullification can also occur in civil trials; unlike in criminal trials, if the jury renders a not liable verdict that is clearly at odds with the evidence, the judge can issue a judgment notwithstanding the verdict or order a new trial.
Who can hold judges accountable?
The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitutionopens in a new window.
What can a judge not do?
More than any other branch of government, the judiciary is built on a foundation of public faith-judges do not command armies or police forces, they do not have the power of the purse to fund initiatives and they do not pass legislation. Instead, they make rulings on the law.
What is higher than a judge?
The powers of a judge are checked by higher courts such as appeals courts and supreme courts.
Who stands next to the judge?
The one who stands beside a judge or just behind him is called bailiff. He is kind of helper to Judge and a person who sees and hears all the Justice/injustice done in the courtroom.
Who is the most powerful judge in the United States?
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary.
Who is the most powerful person in the courtroom work group?
The Courtroom Workgroup
Although the judge is commonly considered to be the most powerful actor in the court system, the prosecutor wields the greatest power over case outcomes in a system reliant on processing cases via plea agreement.
Who makes more money 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.
What power does the DA have?
A DA makes the ultimate decision on whether to file charges or dismiss charges against a person. Once a DA decides to bring charges, the DA has the power to decide the seriousness of the charges to bring (will the charge be a felony or a misdemeanor?).