Why is the prosecutor so powerful?
Asked by: Kathleen Johnson | Last update: January 3, 2026Score: 4.9/5 (39 votes)
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.
Why is the prosecutor's role so very important?
The role of the prosecutor is crucial to maintaining public safety and deterring future criminal behavior. By prosecuting criminals, they help ensure that justice is served, which in turn promotes a sense of security within the community.
Why are prosecutors more powerful than judges?
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 most powerful person in law enforcement?
The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations.
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.
Guess Who's the Most Powerful Person In The Justice System
How much power do prosecutors have?
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 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.
What is the personality of a prosecutor?
Sensitivity, a good memory, and close attention to detail are also marks of good prosecutors. Above all, a reputation for fundamental fairness and honesty as well as credibility and trustworthiness must be nurtured. Prosecutors must be comfortable with the myriad of imperfections in the criminal justice system.
Who takes precedence, FBI or US Marshals?
The FBI is primarily an investigative agency. US Marshals have more enforcement authority including arrest powers and enforcement of court orders. They both have roughly the same level of authority in terms of arrest power, etc.
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.
Why don't prosecutors want to go to trial?
Do Prosecutors Want to Go to Trial? Just like the defendants weigh their options, so do prosecutors. Prosecutors typically have more resources available to them, but they are still aware of the costs, time, and difficulties of going to trial. Prosecutors must also abide by professional conduct rules.
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.
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.
Why do prosecutors have more power 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.
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.
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.
What are two special responsibilities of a prosecutor?
This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice, that guilt is decided upon the basis of sufficient evidence, and that special precautions are taken to prevent and to rectify the conviction of innocent persons.
What person is best suited to be a lawyer?
- 1) Good communication skills. Lawyers must be orally articulate, have good written communication skills and also be good listeners. ...
- 2) Judgement. ...
- 3) Analytical skills. ...
- 4) Research skills. ...
- 5) People skills. ...
- 6) Perseverance. ...
- 7) Creativity.
Who has more power, Dea or FBI?
The FBI is a primary law enforcement agency for the U.S. government, charged with enforcement of more than 200 categories of federal laws. The DEA is a single-mission agency charged with enforcing drug laws. The ATF primarily enforces federal firearms statutes and investigates arsons and bombings.
Why can't CIA operate on U.S. soil?
By law, CIA is specifically prohibited from collecting foreign intelligence concerning the domestic activities of US citizens. Its mission is to collect information related to foreign intelligence and foreign counterintelligence.
What department is the CIA under?
Since 2004, the CIA is organized under the Office of the Director of National Intelligence (ODNI). Despite having had some of its powers transferred to the DNI, the CIA has grown in size following the September 11 attacks.
Who is the most forgotten person in the courtroom?
Victims are often overlooked in courtroom proceedings, with the focus tending to be on jurors and defendants. Their limited representation and the emotional toll of the legal process contribute to their marginalization.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
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.