Intro to Paralegal Studies Practice

Who prosecutes a criminal case?

1. The Plaintiff

2. The Defendant

3. The Government

4. A Private Attorney

The correct answer is: The Government

In a criminal case, the prosecution is carried out by the government. This is because criminal law is designed to protect the public and maintain social order, which is viewed as a collective responsibility of society as represented by the state. The government, typically through a prosecutor or district attorney, brings the case against the accused (the defendant) on behalf of the public. The role of the prosecutor includes presenting evidence, establishing the guilt of the defendant, and seeking justice for any crimes committed against individuals and society as a whole. The other choices reflect different roles in the legal system. The plaintiff refers to a party that brings a civil lawsuit against another party, which is not applicable in criminal cases where the government is the prosecuting entity. The defendant is the party accused of committing a crime and is the one defending against the charges brought by the prosecution. While a private attorney can represent either the defendant or, in some contexts, the interests of a plaintiff, they do not have the authority to prosecute criminal cases themselves unless they are acting as a special prosecutor appointed by the government. Therefore, the primary responsibility for prosecuting crimes lies with the government.