Prosecutor
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. 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. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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ABA Model Rules Of Professional Conduct
The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC generally is not binding law in and of itself, it is intended to be a ''model'' for state regulators of the legal profession (such as bar associations) to adopt, while leaving room for state-specific adaptations. All fifty states and the District of Columbia have adopted legal ethics rules based at least in part on the MRPC. In almost all U.S. jurisdictions, prospective attorneys seeking admission to a state bar are typically required to demonstrate knowledge of the MRPC by achieving a sufficiently high score on the Multistate Professional Responsibility Examination. Organization The MRPC is organized into eight major categories of rules (numbered 1 through 8), each of which contains up to 18 individual rules within, numbered using a decimal point t ...
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Prosecutor Robert Jackson At Nuremberg Trials
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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Law Degree
A law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers. But while their curricula may be reviewed by legal authority, they do not confer a license themselves. A legal license is granted by examination, and exercised locally. The law degree can have local, international, and world-wide aspects, such as in England and Wales, where the Legal Practice Course or passing Solicitors Qualifying Examination (SQE) is required to become a solicitor or the Bar Professional Training Course (BPTC) to become a barrister. History The first academic degrees were law degrees, and the first law degrees were doctorates. The foundations of the first universities in Europe were the glossators of the 11th century, which were schools of law. The first European university, Bologna, was founded by four legal scholars in the 12th century. The first academic title of "doctor" applied to scholars of law. The degree and title were not applied t ...
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Crown Attorney
Crown attorneys or crown counsel (or, in Alberta and New Brunswick, crown prosecutors) are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and various other statutes. Criminal prosecutions pursuant to federal statutes other than the Criminal Code, such as the '' Controlled Drugs and Substances Act'', the '' Income Tax Act'', and others, are generally (but not exclusively) conducted by the Public Prosecution Service of Canada, which also handles most narcotic case outside of Quebec and New Brunswick. There are similarities between this role and the procurator fiscal in Scotland, crown prosecutor in England and Wales and United States Attorney or district attorney in the United States. Crown attorneys are not elected. They are civil servants and may be removed from their positions pursuant to their employment agreements. Although the enactment of criminal law is under federa ...
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Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ...
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Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice ...
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Director Of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations. Australia Australia has a Commonwealth Director of Public Prosecutions, which was set up by the ''Director of Public Prosecutions Act 1983'' and started operations in 1984. The eight states and territories of Australia also have their own DPPs. The Office of DPP operates independently of Government. Ultimate authority for authorising prosecutions lies with the Attorney General. However, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP. It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judici ...
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Commonwealth Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the comm ...
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Professional Responsibility
Professional responsibility is a set of duties within the concept of professional ethics for those who exercise a unique set of knowledge and skill as professionals. Professional responsibility applies to those professionals making judgments, applying their unique skills, and reaching informed decisions for, or on behalf, of others, as professionals. Professionals must be seen to exercise due care and responsibility in their areas of specialisation – known as professions. What makes professionals unique, is that the general public would not ordinarily be expected know in detail the skills and knowledge of a professions independently. In a modern context, professional responsibility encompasses an array of the personal, corporate, and humanitarian standards of behaviour, as expected by clients, fellow professionals, and professional bodies. Origins and History Professional responsibility historically applied to secularly taught professions including medicine, law, and di ...
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Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ...
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