Main Content
General Introduction
The role each state's attorney general plays in the criminal justice system varies significantly from state to state. Several aspects of AG criminal authority are unique.
Although law school teaching on criminal law usually focuses on federal law, the reality is that over 90% of all criminal prosecutions take place in state court. Almost all attorneys general play a key role in the criminal justice system, with only three states (AK, DE, RI) giving exclusive criminal authority to the AG. Otherwise, the AG and local district attorneys share authority. DA’s handle the vast majority of cases, while AG's handle matters where there are legal conflicts or involve specific subject matter issues, such as Medicaid fraud, public corruption, or certain crimes.
Unique issues also arise because AG’s usually have both civil and criminal jurisdiction, and thus parallel proceedings are possible. Likewise, some AG’s have statewide grand jury authority to investigate and issue reports.
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