The role of attorneys general with respect to the investigation and prosecution of criminal offenses varies in each state and territory, ranging from complete criminal jurisdiction to no criminal jurisdiction. Regardless of responsibility, most attorneys general have a part in forming criminal justice policy and drafting criminal legislation.
Although there are seven types of criminal authority, attorneys general typically have one of three roles within the realm of criminal justice:
- The attorney general serves as the sole prosecuting authority.
- The attorney general has no criminal jurisdiction.
- The attorney general plays a significant role in the investigation and prosecution of criminal matters, both at the trial and appellate levels.
In addition, attorneys general are generally involved in policy matters affecting the criminal laws in their respective jurisdictions. Every attorney general also has authority in appeals and post-conviction matters in criminal cases. Criminal justice issues in which the attorney general may be involved include:
- Child welfare
- Corrections litigation
- Domestic violence
- Financial crimes
- Forensic science
- Habeas corpus
- Hate crimes
- Police misconduct
- Sexual violence
Investigative Powers
An attorney general’s investigative power ranges from supervising or controlling state law enforcement officers to employing investigators within the attorney general office. Several attorney general offices have investigation units with arrest power and peace-officer status.
Some attorneys general have broad powers and can investigate violations of any state statute. For others, the authority to investigate criminal activity may be dependent on the type of crime or contingent upon a request by a governor or another public official.
Courses and Trainings
Policy Letters
- Criminal Law
- Family Law / Domestic Violence
- Victim Assistance
AGs to Congress: Provide Funding for the Legal Services Corporation
The National Association of Attorneys General (NAAG) sent a letter to Congress to support beneficent funding for the Legal Services…
- Criminal Law
- Human Trafficking
NAAG Challenges Efforts to Weaken Laws Against Human Trafficking & Sexual Abuse
The National Association of Attorneys General (NAAG) wrote a letter to the American Law Institute (ALI) urging them to reject…
- Anticorruption
- Criminal Law
NAAG Submits Comment Letter on Beneficial Ownership Regulations
Our comments are consistent with the sense of Congress, which requires that regulations “to the greatest extent practicable… collect information in a form and manner that is reasonably designed to generate a database that is highly useful to… law enforcement agencies…” NDAA § 6402(8)(C).
