Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.
What are the discretion given to the prosecutors?
A prosecutor’s power is made more potent by the breadth of discretion granted to its wielder. Prosecutorial discretion, despite the limits imposed by law, remains wide. It gives each prosecutor the option to sift through evidence, evaluate their admissibility, and assign to them evidentiary weight.
Is prosecutorial discretion good or bad?
Prosecutorial discretion is one of the most important aspects of our criminal justice system. It affords district attorneys a tremendous deal of power. Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges.
What factors affect prosecutorial discretion?
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- Policies on certain crimes. Some prosecution offices adopt policies on certain types of crimes, often in response to community pressure, and these policies may dictate the prosecutor’s approach to a case. …
- Political ambition. …
- What justice requires.
Why do prosecutors sometimes choose not to prosecute?
No likelihood of success.
Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor’s personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant’s guilt beyond a reasonable doubt.
Can they do that understanding prosecutorial discretion?
This book explores prosecutorial discretion from varying viewpoints – theory, practice, and from individuals who wish to change the status quo. It is a must have for criminal lawyers, law students and prosecutors’ offices as a training tool.
Do prosecutors have too much power?
Autonomy and secrecy, complex criminal code and mandatory minimums—in combination, these factors have given prosecutors enormous leverage, and the opportunity to wield it relentlessly and selectively. …
What is prosecutorial discretion used for?
Prosecutorial Discretion (PD) is the longstanding authority of an agency charged with enforcing the law to decide where to focus its resources and whether or how to enforce, or not to enforce, the law against an individual.
What are abuses of prosecutorial discretion?
Abuses of discretion
Selective prosecution by race, income, political affiliation, etc. Capture of the grand jury, misusing it as a tool for inquisitorial abuse, or excluding citizen complaints from being heard. Plea bargaining abuses, such as seeking testimony in exchange for leniency.
What discretion do judges have?
Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.
Who has more power judge or prosecutor?
Journalist Emily Bazelon says most prosecutors, not judges, are the most powerful people in a courtroom. … “The person who gets to decide what the charges are in a criminal case—that person is the prosecutor,” she said.
Do you believe prosecutors should have absolute immunity?
Prosecutors are absolutely immune from liability, which means that they cannot be sued for their decisions as prosecutors, no matter how outrageous their conduct. The Supreme Court has held that absolute immunity protects prosecutors who knowingly used false testimony and suppressed evidence in a murder trial.
Who is the prosecutor in a criminal case?
The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
What does police discretion mean?
Defining discretion in Law Enforcement. Discretion refers to an official action that is taken by a criminal justice official i.e. police officer, lawyer or judge etc. in which they use their own individual judgment, to decide the best course of action.
What are the benefits of judicial and prosecutorial discretion?
There are ample benefits to prosecutorial discretion. This power allows the prosecutor to mitigate the time and expense of a trial through expedient decision-making and plea bargaining. In the case of a plea bargain, the accused offender spends less time sitting in jail awaiting the necessary preparations for trial.
What is exculpatory evidence?
Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
Can the defendant talk to the prosecutor?
Defendants are advised not to speak with prosecutors. A defendant in a criminal case can attempt to speak directly with the district attorney in an attempt to negotiate a resolution of the charges.
Which level of felony is the highest level of offense?
Class A and level 1 felonies are the most serious, class B and level 2 are less so, and so on.
Can prosecutor drop all charges before trial?
It’s worth noting that not all criminal charges go to trial. Indeed, many charges are dropped prior to trial during negotiations between prosecutors and defense lawyers. But it is only the prosecutor who can drop such charges.
What is the discretion to prosecute?
The law gives a discretion to the NPA and individual prosecutors with regard to how they perform their functions, exercise their powers and carry out their duties. This discretion must, however, be exercised according to the law and within the spirit of the Constitution.
What factors affect prosecutors charging decisions?
The police, court congestion, organ- izationalstrains, and community pressures are among the factors that influence prosecutorial behavior. —–. Politics of Prosecution – The Decision to Prosecute.
What happens if there is not enough evidence?
In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence. Insufficient evidence may even be grounds for appeal.
What are the advantages of prosecutors?
Many criminal defendants accept a plea bargain agreement because the prosecutor offers a lighter sentence for a crime. This may result in significantly less time behind bars in the event that the individual was convicted of the crime after a full trial.