United States
Prosecution in the United States
Federal prosecutors appointed by the President, state and local prosecutors organised by each state and often elected — and why there is no single national prosecution service.
Facts on this page were checked against their sources on .
AnalysisThere is no single prosecution service in the United States. Prosecution is split between the federal system and the states, and within the states it is organised locally.
Federal prosecution is conducted by the United States Attorneys. Under 28 U.S.C. § 541, the President appoints, with the advice and consent of the Senate, a United States attorney for each judicial district, for a four-year term and subject to removal by the President. Under 28 U.S.C. § 547, each United States attorney is to prosecute "for all offences against the United States" within the district — that is, federal offences.
State and local prosecution is organised separately by each state, in the executive branch of state government, and handles the great majority of criminal cases. The Bureau of Justice Statistics records that the chief local prosecutor — "also referred to as the district attorney, county attorney, commonwealth attorney, or state’s attorney" — represents the state in criminal cases, is "answerable to the public as an elected or appointed public official", and holds broad discretion over who is charged.
The same idea, explained generally
- What does a prosecutor do?
A prosecutor decides whether a criminal case should be brought, on what charges, and presents it in court. This guide explains the tests applied, the duties owed, and how the role differs between systems.
- Why do justice systems need oversight?
Justice institutions hold coercive powers, often operate out of public view, and make decisions that are hard to reverse. This guide explains the oversight mechanisms built to detect and correct errors, and their limits.
Sources
Sources
28 U.S. Code §§ 541 and 547 (United States attorneys: appointment and duties)
Legal Information Institute, Cornell Law School (reproducing the United States Code) · Legislation · link verified 2026-07-24
Verbatim: § 541 — 'The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district', for a four-year term, subject to removal by the President. § 547 — each U.S. attorney shall 'prosecute for all offenses against the United States' within the district. Supports that federal prosecutors are Presidentially appointed and Senate-confirmed, one per federal judicial district, prosecuting FEDERAL offences only. Does NOT support any claim about state or local prosecutors, who are separately organised.
Prosecution (National Census of State Court Prosecutors)
Bureau of Justice Statistics, U.S. Department of Justice · Government publication · link verified 2026-07-24
Supports that the chief state-court prosecutor is 'also referred to as the district attorney, county attorney, commonwealth attorney, or state's attorney', represents the state in criminal cases, serves in the executive branch of state government, is 'answerable to the public as an elected or appointed public official', and is afforded broad charging discretion. Supports that local prosecution titles and selection methods VARY and are not uniformly 'district attorney'. Does NOT support a figure for how many are elected versus appointed.
Tenth Amendment to the Constitution of the United States
Legal Information Institute, Cornell Law School (reproducing the enacted constitutional text) · Legislation · 1791-12-15 · link verified 2026-07-24
Verbatim text: 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.' Supports the reserved-powers structure of US federalism — that the states, not the federal government, hold residual authority. Cornell LII reproduces the enacted text; the constitutional text itself is authoritative. Does NOT support any claim about how a particular power is allocated in practice.