Prosecution

In criminal cases, prosecutors decide whether to charge, what to charge, whether to offer a plea bargain, and whether to take a case to trial. They have enormous discretion in the U.S. system: far more than in many other countries' systems.

Federal cases are prosecuted by U.S. Attorneys (one for each federal district), part of the Department of Justice. State and local cases are prosecuted by District Attorneys, State's Attorneys, or Commonwealth's Attorneys, depending on the state.

The prosecution carries the burden of proof: guilt beyond a reasonable doubt: in every criminal case.