To what extent can prosecution agencies

The term can also include harassment by two or more defendants against an individual or harassment against more than one victim. Although harassment is not specifically defined in section 7 2 of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.

To what extent can prosecution agencies


Courts maintains the second site on behalf of the federal judiciary. InfoUSA also provides links to State resources. The federal government and each state has its own criminal statutes, court system, prosecutors, and police agencies.

Whether a particular crime will be prosecuted by a state or by the federal government will depend on factors too numerous and complex to be addressed in this brief paper. In addition, there are certain crimes that only the federal government may prosecute.

These include customs offenses, offenses involving federal tax matters, and crimes of espionage and treason.

The states prosecute most crimes against the person, such as murders and assaults, and many crimes against property, such as robberies To what extent can prosecution agencies thefts. Indeed, states prosecute a far greater number of crimes than does the federal government.

Therefore, the federal government is often better able to investigate and prosecute sophisticated and large-scale criminal activity. Department of Justice, is responsible for all international extradition, as well as international legal assistance, for both state and federal prosecutors.

Although there are differences in criminal procedure among the states and between the states and the federal government, certain core principles of United States criminal law and practice apply equally to all state and federal investigations and prosecutions. Prosecutors, investigating agents, and police officers are members of the executive branch, not the judicial branch.

In the United States, there is no concept of an investigating judge, as is found in a civil system. Therefore, the role of judges in the investigation of criminal offenses is limited. However, certain actions during an investigation can be taken only upon the authorization of a judge.

Only a judge may issue a warrant to search for and seize evidence of crimes; only a judge may order the recording of telephone conversations; only a judge may take action to enforce a subpoena an order that a witness give testimony or produce documents or other evidence in his or her possession under penalty of incarceration for refusal ; and, except in limited circumstances, only a judge may issue a warrant for the arrest of an accused person.

A judge will issue the warrant or order requested only if he or she determines that there is a sufficient factual basis for it. For example, in the case of a request for a search warrant, the court must determine that the evidence presented is sufficient to establish probable cause to believe that an offense has been committed and that evidence of that offense may be found at a specific place to be searched.

Second, certain aspects of procedure in criminal cases are required under the Constitution of the United States.

Victim and witness care

These apply equally to state and federal prosecutions. For example, a person accused of a serious offense has a right to be tried by a jury and to be represented by an attorney.

At trial, the defendant has a right to question persons giving testimony against him or her.

To what extent can prosecution agencies

The Department of Justice As noted above, the responsibility to investigate and prosecute crimes in the United States rests in the executive branch of government. All federal prosecutors are part of the United States Department of Justice.

The prosecution of federal criminal cases in each of the U.Criminal Prosecutions Initiated by Administrative Agencies: The FDA, the Accardi Doctrine and the CRIMINAL PROSECUTIONS INITIATED BY ADMINISTRATIVE AGENCIES: THE FDA, THE ACCARDI DOCTRINE AND THE appropriate federal agency is not a prerequisite to prosecution by the Department of Justice.

See United States v. Morgan, U.S. , The Jencks Act, 18 U.S.C. § , provides that the government is required to produce a verbatim statement or report made by a government witness or prospective government witness (other than the defendant), but only after the witness has testified.

Jencks material is evidence that is used in the course of a federal criminal prosecution in the . The Administrative Appeals Tribunal (AAT) is a body which provides independent review of a wide range of administrative decisions made by Australian government and some non-government bodies.

Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

To what extent can prosecution agencies

an act revising the penal code and other penal laws. preliminary article - this law shall be known as "the revised penal code." book one general provisions regarding the date of enforcement and application of the provisions of this code, and regarding the offenses, the persons liable and the penalties.

Legislatures can change the underlying laws. Of course, legislatures write the laws (complete with sentences) that the prosecutors charge, and if it appears that a particular statute is being improperly charged, the legislature (and the executive, who signs the law) can change it.

Refer them to professional disciplinary bodies. Prosecutors are generally immune from prosecution for their advocacy decisions, .

Discovery: What and When the Prosecution Must Disclose |