1. Homepage
  2. Law Dictionary
  3. What Is Prosecution? 2 Main Types of Prosecution

What Is Prosecution? 2 Main Types of Prosecution


If you have been accused of a crime, the prosecution is the party who will try to convict you. In order to do so, they must prove that you committed a criminal act and violated a law in your jurisdiction. In addition to that, a prosecution is an act of bringing a criminal case against an individual or corporation.

This can be done by the government, as part of its law enforcement duties, or by a private individual (or group of individuals) who have been wronged by the criminal activity. Prosecution is an important part of the justice system and helps to ensure that criminals are held accountable for their actions.


1) Prosecution as Trial

A prosecution is a legal process, in which the government brings charges before the court against an individual person who is accused of breaking criminal laws.

A successful prosecution becomes res judicata, meaning that the plaintiff cannot appeal the court’s decision to this same court again. Put another way, if by some chance you are acquitted of murder or assault, then no other prosecutor can charge you with either offense ever again.

They would need to file suit for offenses not yet known on newly discovered evidence, but not more on these cases. There are three possible outcomes of a criminal case. A defendant is found innocent, the two parties settle their dispute which lets them avoid trial, or they go to trial and one party is found guilty.

2) Prosecution as an Occupation

A prosecutor in the US legal system has two main duties to perform. One is administrative, since most prosecutors work in an office of the state attorney general or a district attorney’s office, with their responsibilities limited to filing requests for charges against criminal defendants and overseeing investigations related to criminal offenses.

The other is prosecutorial, involving an active role in presenting the case before a judge or jury at trial. There are three major steps taken by prosecutors during trials: making arguments about what legally happened; impeaching witnesses with information that calls their credibility into question; presenting evidence that supports claims made on behalf of themselves or others that there is probable cause–a reasonable ground for belief–that someone committed a crime.

Write a Comment

Write a Comment