History of Criminal Prosecution in Connecticut

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The first public prosecutor in America, Richard Edwards, was appointed in Hartford, Connecticut on April 3, 1705. For nearly 300 years, his legacy has continued in Connecticut through the Chief State's Attorney, Deputy Chief State's Attorneys and State's Attorneys who, as the officers of the Division of Criminal Justice, are responsible for the investigation and prosecution of all criminal offenses in the State of Connecticut. Unlike most states, where the Attorney General is responsible for the prosecution of criminal offenses, in Connecticut the Attorney General generally exercises only civil jurisdiction.

The concept of public prosecution -- that a crime is not only a wrong inflicted against a victim but also a wrong committed against society -- had its beginning in Connecticut. Indeed, as early as 1643, Connecticut colonists utilized a grand jury to investigate crime. Having pre-dated the American Revolution by some 70 years, Richard Edwards actually was appointed by the Queen of England pursuant to a statute mandating that "henceforth there shall be in every countie a sober, discreet and religious person appointed by the Countie Courts to be Atturney for the Queen, to prosecute and implead in the lawe all criminal offenders, and to doe all other things necessary or convenient as an atturney to suppresse vice and immorality." The power of appointment resided in the County Courts until they were abolished in 1855, at which time appointments of state's attorneys were made by the Judges of the Superior Court. Thus, Connecticut's prosecutors were a part of the Judicial Branch of state government and were appointed by the Superior Court. However, in 1984, an amendment to the Connecticut constitution was approved by the voters transferring the Division of Criminal Justice to the Executive Branch.

Consistent with the ancient common law powers of prosecution, the state's attorneys became constitutional officers and the Division of Criminal Justice became a constitutional agency in the executive branch mandated by the state charter to investigate and prosecute crime: "There shall be established within the executive department a division of criminal justice which shall be in charge of the investigation and prosecution of all criminal matters...."

The constitutional amendment also created a Criminal Justice Commission comprised of the Chief State's Attorney and six members appointed by the Governor and confirmed by the General Assembly, two of whom must be Judges of the Superior Court. The Criminal Justice Commission is the hiring authority for all prosecutors. Thus, unlike other states where prosecutors are elected, all of Connecticut's prosecutors are selected, based on merit, by an independent commission.

In 1996, the Division of Criminal Justice absorbed the responsbility for prosecuting all criminal matters involving juvenile offenders, which previously had been handled by state's advocates employed by the Judicial Branch. The completion of this transfer marked the expansion of Division of Criminal Justice jurisdiction to include all criminal offenses, whether in juvenile or adult court.

Despite these important constitutional and structural changes, the fact remains that for nearly three centuries Connecticut's prosecutors, now numbering some 250, continue to follow a mandate very much like that of their predecessor, Richard Edwards. They fulfill this mission through the investigation and prosecution of all criminal matters in the Superior Court, including crimes of statewide scope or that require special investigative expertise.

The Division of Criminal Justice also represents the State of Connecticut in all appellate and other post-trial and post-conviction proceedings related to criminal matters. More than 350,000 criminal and motor vehicle cases are disposed by Connecticut's criminal courts on an annual basis. The state's criminal caseload is largely driven by arrests of the Connecticut State Police and the municipal police departments throughout the state. These arrests are prosecuted in 33 Judicial District and Geographic Area courts administered by the Judicial Branch.


Criminal Laws and Prosecution