In a criminal prosecution, the government brings a case against a person, called the defendant, whom it believes has violated a state or federal law. The goals of a criminal prosecution are to maintain public safety, punish the criminal, deter others from committing crime, and rehabilitate the offender. The government pays all the costs of bringing a criminal case. In a criminal prosecution, the lawyer represents the government, in contrast to a civil case, where the lawyer represents the victim. The lawyer for the government is called the prosecutor. In Massachusetts, the prosecutor’s official title is usually Assistant District Attorney, Assistant Attorney General, or Assistant United States Attorney, depending on which prosecuting agency he/she works for.
. In a criminal case, because the defendant could be sentenced to jail, the government must prove its case “beyond a reasonable doubt.” A criminal case may be tried before a judge or a jury, This is a very high burden which makes criminal cases typically more difficult to prove. In contrast, a civil case need only be proven by a “preponderance of the evidence”, a lower standard which requires proof to a judge or jury that the crime is more likely than not to have happened and the defendant is more likely than not to be the person who committed it.
A perfect illustration of the difference between the two standards is the O.J. Simpson case. When prosecutors had to prove Simpson murdered his ex-wife beyond a reasonable doubt, the jury acquitted him. But when lawyers for her family sued Simpson in civil court, they only had to prove their case by a preponderance of the evidence. In the civil case, the jury found Simpson responsible for the death and ordered him to pay the family a large financial award.
In criminal prosecutions, the jury’s verdict must be unanimous to acquit or convict the defendant. In a civil case, the jury’s verdict does not need to be unanimous. Only ten of the twelve jurors must agree on the verdict. The standard for a criminal conviction is the highest standard that exists in our system of justice.
The lawyer who represents the government in a criminal case is called the prosecutor. Usually, the prosecutor is an Assistant District Attorney, who can prosecute violations of Massachusetts law within each county. A violation of federal law is prosecuted by an Assistant United States Attorney. Some prosecutors handle all different types of crime -- others specialize in particular areas like child abuse, domestic violence, or sexual assault. All prosecutors share the same goals, however -- to hold offenders accountable, maintain public safety, and achieve justice for the victim.
Most prosecutors’ offices also employ victim witness advocates. The victim witness advocate works closely with the prosecutor, but is not a lawyer. The victim witness advocate provides crisis intervention and emotional support, and referrals for critical medical, mental health, and social services. The advocate also helps the prosecutor explain the court process; notifies victims and witnesses about court appearances, updates them about the status of the case, informs them of their eligibility for victim compensation; accompanies victims and witnesses to court; coordinates protection and transportation services related to the case; assists victims in preparing the victim impact statement for sentencing; and provides employer intercession services.
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