=The County as a Judicial Area.=—In the administration of justice the
county plays an important part. County courts exist in nearly all the
states, and although they form an integral part of the state judiciary
they have jurisdiction over such matters within the county as the laws
may provide. Both the organization and the jurisdiction of the county
courts differ greatly from state to state. In some states each county
has its own judge; in others there is one judge for a group of counties.
This judge holds sessions in one county after another. The county court
usually hears appeals from the local courts and has original
jurisdiction in cases where a jury is in order. The probating of wills
is in most cases a function of the county court. Appeals from its
decisions may usually be carried to the higher tribunals of the state.
[Sidenote: His functions.]
=The Sheriff.=—Every county has a peace officer known as the sheriff,
usually elected by the voters of the county. He is the chief guardian of
the law and the right-arm of the county court. Historically this is the
oldest office in the country. It goes back to the time of William the
Conqueror or earlier, when the shire-reeve was the agent of the king in
keeping law and order. Sheriffs have the right to appoint
deputy-sheriffs whose duty it is to help preserve the public peace, to
make arrests, and to serve court papers. Sometimes the sheriff and his
deputies are paid regular salaries, but more often they obtain their
remuneration from fees. The sheriff is the custodian of prisoners in the
county jail; he summons the jurors to the court sessions and carries out
all the judgments rendered by the court.
[Sidenote: Work of the grand jury.]
=The Prosecuting Attorney.=—Attached to every county court there is a
legal officer who is commonly known as the prosecuting attorney or
county attorney, usually elected by the people.[61] His chief duty is to
conduct prosecutions before the county court. He investigates crimes,
prepares the evidence, and usually lays the case, first of all, before a
body known as the grand jury. This jury, as will later be explained, is
selected by lot from among the voters of the county. It does not go into
the question of guilt or innocence, but merely determines whether an
accused person should be placed on trial before a trial jury in a county
court. In some states it is not necessary for the prosecuting attorney
to lay the case before the grand jury; he may merely file a sworn
declaration, called an information or complaint, stating his belief that
there is sufficient ground for placing the accused person on trial.
Prosecuting attorneys everywhere have a good deal of discretion in the
way of discontinuing or “nol-prossing” criminal cases.[62]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account