PROSECUTOR (Lat. prosecutor. prosequu tor, from prosequi, to follow). One who institutes and conducts a criminal prosecution in behalf of the government.
In most European countries the duty of con ducting prosecutions for criminal offenses is im posed on public officers. In England it has been customary for all criminal prosecutions to he conducted by counsel employed by private indi viduals. except in rare cases of crimes directly affecting the sovereign, when the prosecution was conducted by the attorney-general. In cases of private prosecution in England the person insti tuting the criminal proceeding is n-ually re quired to give a bond conditioned upon his pro ceeding with the prosecution. lie can be relieved from this obligation only by the court or on the entry of a nolle prosequi by the attorney-general. The prosecutor is required to bear all the cost: of the prosecution, but. the court may award him a sum with which to defray his expenses in case of all felonies and most misdemeanors. This sum, however, is in practice usually inadequate. This system of private prosecution seems to have been quite effective, although burdensome to the prosecutor and liable to grave abuse:.
In 1579 an :let of Parliament (47 and 4S Vic toria. c. 54) "more effectually providing for the prosecution of offenses in England" was framed which enacted that the Secretary of State might from time to time appoint an officer called the Director of Public Prosecutions. whose duty it should be to institute and carry on prosecutions under the direction of the Attorney-General. The authority of this officer. however, was somewhat limited. and it is still true that under the Eng lish system there is no officer whose duty it is to prosecute for all crimes.
In the United States, while prosecution, by private individuals are permissible, the English system of prosecution by private individuals exclusively is not followed. Both under the Fed eral Government and the several State govern ments provision is made for the prosecution of offenders by public prosecutors usually known by the title of district attorney (q.v.).
The prosecuting officer's authority is confined to the preparation and trial of eases. He cannot stipulate for exemption from punishment or as to the amount of punishment which shall be in flicted. although his recommendations are often accepted and acted upon by the court. In most States, but not all. he may with leave of the court accept the assistance of private counsel, hut he still remains the responsible instrument of the law. He may, if the evidence or facts within 16: knowledge justify in hi- judgment the step, enter a unite pi-08f qui. thus ending the pres ent prosecution. but not barring the right to begin a action on the obtaining of further proof. In sonic States he must obtain the con sent of the court to do this.
Besides district attorneys. there are in many States special prosecutors appointed to conduct prosecution, in police and other minor courts with less power than that of district attorneys. Special prosecuting agent, are also sometimes appointed to prosecute for violations of the liquor laws. See INDICTMENT; INFORMATION; JEOP ARDY; \OLLE PROSEQUI; etc.