What’s in a Name?
The term District Attorney is most commonly used in the United States for the chief public prosecutor of a local government area, typically a county. Depending upon the system in place, DAs may be appointed by the chief executive of the jurisdiction or elected by local voters. The name and scope may vary by state or jurisdiction. The geographical jurisdiction may be delineated by the boundaries of a county, judicial circuit, or judicial district.
The equivalent position in the UK is that of a chief crown prosecutor, while in Canada, it is that of a crown attorney, crown counsel, or crown prosecutor. In many other countries, the most common title used is a public prosecutor.
Gatekeepers to the Criminal Justice System for Juveniles and Adults
The principal duties of the DA are usually mandated by law. They are the only attorneys allowed to participate in grand jury proceedings. They have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants.
DAs with authority also decide when to pursue charges against a juvenile or allow their families or schools to address the unlawful behavior. They decide whether the juvenile’s misdemeanors need to be addressed through the state juvenile or adult criminal justice system.
Other crucial decisions include when charges should be dropped or dismissed because of lack of evidence, when a witness should be held in jail even if they committed no crime, or when a charged individual should enter a treatment program.
The state-sponsored recommendations for a felon’s probation, the cash bail imposed on an individual awaiting trial, and when a person will face a death sentence are also matters that require the DA’s judgment.
In some instances, the DA prosecutes traffic matters and misdemeanors. In others, the DA does not handle any criminal matters at all but acts only as chief counsel for city police, county police, state police, and all state law enforcement agencies within their jurisdiction
DAs may also need to educate the public and law enforcement officials about crime prevention, provide job-related legal advice to state officials, work with the state legislature on revising or creating legislation, and train and advise local law enforcement about investigation procedures and filing formal charges.
Jurisdiction & Scope of Responsibilities
The local District Attorney works hand-in-hand with the police to bring charges against criminals accused of driving violations, theft, assault, and murder. A DA at the state level oversees both civil and criminal issues that impact state citizens. For example, they may bring a case against a company affecting the water system in the state. Even broader in scope is the job of a federal DA who handles cases involving multi-state offenses, violent crimes, tax evasion, counterfeiting, scams, fraud, money laundering, and civil rights issues.
The Team
A DA leads a staff of prosecutors, most commonly known as deputy district attorneys (DDAs). The deputy who serves as the supervisor of the office is often called the assistant district attorney. DDAs handle most cases; the DA prosecutes the most critical ones while remaining ultimately responsible for the agency.
Open Lines of Communication
A DA must consistently practice open and respectful communication with all associates, including colleagues, law enforcement officials, victims, and witnesses to the defendants.
Collaborating With Law Enforcers
A stable relationship with law enforcement personnel is of paramount importance when investigating and developing evidence to build a strong case.
Approach to Victims
Protecting the judicial process while securing convictions do not always go hand in hand. DAs often struggle to determine which role takes priority in a given situation. Interacting With Witnesses Interaction with witnesses can be frustrating, but it is not easy to be a witness to violent cases or sometimes testify against friends or family. Authentic empathy will likely lead to productive outcomes.
Working Relationships With Colleagues
DAs who have a symbiotic working relationship with colleagues have access to expertise and facts that help them represent the case accurately and in detail to the judge and jury, paving the way for a ruling in favor of the State.