Who is more powerful, a judge or a prosecutor?
Asked by: Orie Douglas | Last update: March 27, 2025Score: 4.9/5 (19 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.
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.
Is the prosecutor above the judge?
The sentence in the State of California case is determined in conjunction with the prosecutor. The judge simply 'rubber stamps' it. Of course, as mentioned above, if the guilty verdict comes after a trial, then the judge's power increases because the Judge has the sole power to sentence within the bounds of the law.
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 a prosecutor overrule a judge's decision?
Because punishment for a crime is largely determined by the sentence that lawmakers have established in the criminal code, the prosecutor often has more power over how much punishment someone convicted of a crime receives than the judge who does the actual sentencing.
Guess Who's the Most Powerful Person In The Justice System
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 oversees the prosecutor?
In some jurisdictions, the district attorney oversees the operations of local prosecutors with respect to violations of county ordinances.
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).
Who has the highest authority in court?
The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress.
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.
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.
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.
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.
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.
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 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 highest rank in court?
The chief justice of the Philippines (Filipino: Punong Mahistrado ng Pilipinas) presides over the Supreme Court and is the highest judicial officer of the government of the Philippines.
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.
Do lawyers respect judges?
Lawyers, as officers of the court, are expected to act with deference and respect toward judges. Speaking sharply to or publicly criticizing members of the bench is frowned upon and not infrequently met with punitive responses. The judiciary, however, is not above reproach.
Who holds the most power in court?
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.
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.
What is a state attorney's salary?
State Attorney. State of California. $113K - $174K. /yr. $140K.
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.