10 Criminal Jurisdiction and Criminal Justice Reform - November 7 and 14, 2022 10 Criminal Jurisdiction and Criminal Justice Reform - November 7 and 14, 2022

The role each state's attorney general plays in the criminal justice system varies significantly from state to state.  This chapter describes that role and outlines the challenges that arise under this unique system of criminal justice.

Introduction:

Although law school teaching on criminal law usually focuses on federal law, the reality is that 90% of all criminal prosecutions take place in state court.  All attorneys general play a key role in the criminal justice system with all but three states (DE, RI, and AK) dividing criminal prosecution responsiblities among the attorney general and local district attorneys. While the statutes and policies differ from state to state, the long-standing practice of two interconnected levels of state criminal prosecution is deeply enmeshed in state prosecution practices. 

The divided responsibilities between attorneys general and district attorneys are meant to be complementary. The DA's handle the vast majority of cases and the AG's take those matters where there are legal conflicts (the DA or his/her staff has a personal relationship with a party, the judge, or a witness) or involve specific subject matter issues. (Medicaid Fraud, major crime in a rural area, white-collar crime, all homicides in some states, and increasingly, allegations of police brutality.). This structure is designed to allow the public to have greater confidence in the final result. It is not that the lawyers for the attorney general are "better" than the lawyers for the district attorney, but rather it is that AG offices often have resources that allow the development of expertise in areas that rarely come before a DA.

For a video introduction to this Chapter see:  https://www.youtube.com/watch?v=43HijtEtk-Q

 

 

 

10.1 Idaho Attorney General Lawerence Wasden - Guest Speaker - November 7, 2022 10.1 Idaho Attorney General Lawerence Wasden - Guest Speaker - November 7, 2022

https://www.ag.idaho.gov/about/

10.2 General Jurisdiction and Relationship with District Attorneys - November 7, 2022 10.2 General Jurisdiction and Relationship with District Attorneys - November 7, 2022

 

 

10.3 Parallel Proceedings 10.3 Parallel Proceedings

Parallel procedings occur when civil and criminal violations have potentially occured on the same set of facts.   Given their broad responsibility to enforce both criminal and civil laws, state attorneys general are sometimes called upon to engage in parallel proceeding investigations that in turn give rise to very specific eithical responsibilities.  

10.4 Attorneys General and Public Corruption 10.4 Attorneys General and Public Corruption

10.5 State Grand Jury Reports - Supplemental 10.5 State Grand Jury Reports - Supplemental

Sixteen states have created statewide investigatory grand juries almost always overseen and administered by the attorney general.  Among these states Pennsylvania has been the most active.