Who has more power, prosecutor or judge?
Asked by: Nick Windler | Last update: November 21, 2025Score: 4.2/5 (75 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.
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 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 has the most power in the 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.
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.
Guess Who's the Most Powerful Person In The Justice System
Who is higher than a prosecutor?
The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys. But only rarely does a state attorney general discipline a county or city D.A. for prosecutorial misconduct.
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.
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.
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.
Who has the highest power in law?
The Judicial part of our federal government includes the Supreme Court and 9 Justices. They are special judges who interpret laws according to the Constitution. These justices only hear cases that pertain to issues related to the Constitution. They are the highest court in our country.
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 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.”
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.
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 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.
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.
Do prosecutors argue in court?
Prosecutors are prohibited from making arguments that calls for the jury to "send a message" with their verdict. They are also prohibited from suggesting to the jury that their guilty verdict is necessary in order to ensure that the community is safe.
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 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 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 control over judges?
The Supreme Court has discretionary review of decisions by the Commission on Judicial Performance to admonish, censure, or remove a judge for misconduct. The Supreme Court also reviews the recommendations of the State Bar of California concerning the disciplining of attorneys for misconduct.
Can anyone overrule a judge?
You can, with some restrictions, take an issue to a higher court where it will be reviewed by higher ranking judges that will then decide whether the lower court judge was right or wrong.
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 is higher than the judge?
The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal. Also, certain kinds of cases go directly to the Supreme Court and are not heard first in a Court of Appeal, such as: Death penalty appeals, and.
Is a prosecutor more powerful than a lawyer?
While defense attorneys are obligated to vigorously defend their clients whether guilty or not, prosecutors exercise the sovereign power of the state by representing the best interests of the community, which not only includes prosecuting crimes but also honoring the rights of the accused.