Final answer:
The prosecutor may indeed file an information with the court to proceed with a criminal case against a defendant in some states; this is a true statement. Criminal trials involve the pivotal roles of a judge and a jury, where the prosecutor must prove the defendant's guilt and the jury determines their verdict based on the evidence presented.
Step-by-step explanation:
In reference to the statement regarding prosecutorial actions, it is true that in some states, if the prosecutor wishes to advance a criminal case against a defendant after initial arrest and charges, they may file an information with the court. An information is a formal accusation of a crime made by a prosecutor without the involvement of a grand jury. This contrasts with a federal case where a felony charge typically requires an indictment from a grand jury. However, according to the Supreme Court, states are not obligated to use grand juries as long as they provide an equally fair process to formally accuse a suspect of a crime.
Criminal cases in the United States are presided over by trial courts with general jurisdiction, where both a judge and jury play critical roles. The jury is responsible for determining the defendant's guilt based on evidence and arguments presented during the trial. It is the prosecutor's duty to prove the accused's guilt beyond a reasonable doubt. If the accused is found guilty, the penalty is assigned by the judge or sometimes by the jury. In the event of a conviction, the losing party, either the prosecution or defense, has the right to appeal the decision to a higher court such as a special appellate court or the state supreme court, depending on the state's judicial structure.