Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they
can prove a suspect guilty beyond a reasonable doubt
.
What considerations influence the prosecutor's decision about whether to bring charges and what to charge?
21Prosecutors may legitimately consider any number of factors in making charging and plea-bargaining decisions. These factors include
the strength of the evidence, the likelihood of conviction, the interest of the victim in prosecution, and the cost and complexity of the prosecution and trial17
.
What are some of the factors prosecutors consider when deciding whether or not to charge a suspect?
Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they
can prove a suspect guilty beyond a reasonable doubt
.
What factors do prosecutors consider in making a charging decision?
- The sufficiency of the evidence linking the suspect to the offense.
- The seriousness of the offense.
- The size of the court's caseload.
- The need to conserve prosecutorial resources for more serious cases.
- The availability of alternatives to formal prosecution.
- The defendant's culpability (moral blameworthiness).
What are the three options a prosecutor may choose from when deciding how do you proceed with a case that's had charges filed?
Arrest Reports and Criminal Charges
The prosecutor will typically: determine that the case should be charged and file a “complaint” (the charging document may go by a different name) decide that the case should
go to a grand jury
, which will decide what charges, if any, to file, or.
On what grounds can a case be dismissed?
Some reasons that a case may be dismissed include findings that:
Your conduct did not violate a criminal statute
. The prosecution cannot prove that you were engaged in criminal activity. The police violated your rights while investigating the case.
How long does prosecutor have to file charges?
How Much Time Does the Prosecutor Have to File Charges? If the suspect is in custody (jail), prosecutors generally must file charges
within 48 to 72 hours of the arrest
. In other cases (when the suspect isn't in custody), it could take days, weeks, or months to file charges.
What is the primary goal of the prosecutor in charging decision?
While the judge is entrusted with decision-making power, and he/she cannot initiate judicial process, the prosecutor's primary function is
to initiate and conduct criminal action, to act as a party in judicial proceedings and, in many countries, to supervise and direct the police during the investigative phase
.
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.
How do you tell if a prosecutor's case is weak?
- Faulty arrest. If the arrest needs to be legal, there should be proper cause and reasons for arresting the criminal. …
- A mistake was made while filing the complaint. …
- Insufficient evidence in the hand of the prosecution. …
- Weak witness or loss of evidence. …
- Others.
Who decides if a case goes to trial?
Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury,
the jurors
decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.
Who decides if a plea agreement will be entered in to?
A judge
has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
What is the most important form of prosecutorial discretion?
The most important form of prosecutorial discretion lies
in the power to charge, or not to charge
, a person with an offense. Any info having a tendency to clear a person of guilt or blame.
Does the prosecutor talk to the victim?
Prosecutor To Inform the Court of Victim's Views
As an alternative to—and, in some states, in addition to—permitting the victim to address the court or submit a victim impact statement, the prosecutor must inform the court of the victim's position on the plea agreement.
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.
What is the difference between prosecutor and lawyer?
Prosecutors
attempt to convict a person who they believe has committed a crime
while a criminal defense lawyer will fight for the rights of the accused and attempt to convince a jury that his or her client was not guilty.
