In the USA a prosecutor in the county where the crime took place will issue the charge in State Court. If it is an ordinance charge (less than a misdemeanor) such as for a peace disturbance then that is usually handled in the city or town municipal court. Federal charges are prosecuted by a federal prosecutor in the Federal District where the crime took place.
There is no plaintiff in a criminal case. The state prosecutes.
One key difference between a criminal case and a civil case is that in a criminal case, the government prosecutes the defendant for violating a law, while in a civil case, individuals or entities sue each other for damages or to enforce a legal right.
True.
The state prosecutes a murder.
The question is a true statement.
Because the state stands in for the individual citizen in cases of criminal acts. The theory is - a crime against one citizen of the state is a crime against ALL citizens of the state. The state legislature passes the laws and statutes, and thus, the state prosecutes.
The prosecutor's or district attorney's offices most often prosecute the majority of cases.
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The state prosecutes its case and the defence then answers.
"The State" functions as the prosecutor in a criminal case.
The difference is which set of laws govern the issue at hand and what the punishment can be. Violating civil law is punishable by fines and mild restrictions. Violating criminal law in punishable by a wider set of fines and restrictions including jail or prison time and, in certain cases, death.
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