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. DAs handle the vast majority of cases, while AGs handle appellate matters or 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 AGs usually have both civil and criminal jurisdiction. Likewise, some AGs have statewide grand jury authority to investigate and issue reports.

The first reading is the NAAG chapter on AG criminal authority, which varies considerably from state to state. Next, the readings examine the AG relationship with DAs, who in almost every state prosecute the bulk of crimes (and state criminal prosecutions dwarf federal prosecutions). In looking at the compendium of the AG-DA referrals, ask yourself if the referral made sense. Then the readings provide recent high-profile examples from MS, GA, and MN.

A major issue that comes up in AG offices, but not too many other places, is the role of parallel proceedings. When and how can an AG proceed with both the civil and criminal aspects of a case is a tricky issue. The NM policy attempts to come up with rules to address this issue.

AGs are often at the forefront of more political prosecutions, or, occasionally, are the subject of such prosecutions. The readings present examples from NM, PA, and NV. 

A few AGs also have investigative grand jury powers, which enable them to conduct investigations and issue reports, as opposed to indictments. We'll look at the implications of such power.

Parallel procedings occur when civil and criminal violations have potentially occured on the same set of facts.   Given their broad responsibility to enforce both criminal and civil laws, state attorneys general are sometimes called upon to engage in parallel proceeding investigations that in turn give rise to very specific eithical responsibilities.