Who is responsible for initiating criminal litigation?

The correct answer is that the government is responsible for initiating criminal litigation. In the criminal justice system, it is typically the role of government entities, such as a prosecutor’s office or district attorney, to bring charges against individuals accused of committing crimes. This responsibility underlines the principle that crimes are seen as offenses against the state or society as a whole, rather than solely against an individual victim.

The government investigates crimes, gathers evidence, and decides whether to file charges based on the findings of law enforcement. This structured process ensures that prosecutions are conducted in a consistent and lawful manner, maintaining the integrity of the justice system.

In contrast, while a defense attorney plays a critical role in representing individuals accused of crimes, they do not initiate litigation. A private individual can report a crime or serve as a witness, but they do not have the authority to start criminal proceedings themselves. The jury, meanwhile, serves in a fact-finding capacity during a trial, but they do not initiate cases; rather, they are summoned to render a verdict based on the evidence presented by the prosecution and defense.