(a) A prosecutor should seek or file criminal charges only
if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt
, and that the decision to charge is in the interests of justice.
What factors do prosecutors use to decide whether to file criminal charges against a given individual?
The
person's willingness to cooperate in the investigation or prosecution of others
; The person's personal circumstances; The interests of any victims; and. The probable sentence or other consequences if the person is convicted.
What are 3 examples of prosecutorial misconduct?
Failing to turn over exculpatory evidence
. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
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 factors do prosecutors consider in making a charging decision?
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
.
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.
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.
What are four types of prosecutorial misconduct?
- failing to disclose exculpatory evidence,
- introducing false evidence,
- using improper arguments, and.
- discriminating in jury selection.
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 most frequently occurring type of prosecutorial misconduct?
The most common incidence of prosecutorial misconduct involves
the suppression or fabrication of exculpatory evidence
, or evidence that might lead to the exoneration of the person suspected of the crime. … At a minimum, a prosecutor may downplay or simply ignore exculpatory evidence.
Can you sue for abuse of process?
A plaintiff can sue
for abuse of process when a defendant starts legal proceedings with the intention of obtaining results for which the process was not designed.
What are the types of prosecutorial misconduct?
- Failure to disclose exculpatory evidence. …
- Introduction of false evidence. …
- Improper argument. …
- Discrimination in jury selection. …
- Interference with a defendant's right to representation. …
- Improper communications with a judge or juror. …
- Improper use of the media.
Can a case be dismissed due to lack of evidence?
Insufficient Evidence
As with arrests, the evidence must show an objective, factual basis for believing that the defendant committed the crime.
If the grand jury or the judge do not find probable cause, then the charges must be dismissed
.
What evidence is needed for a conviction?
Proof beyond a reasonable doubt
, therefore, must be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it. A person can never be convicted on mere suspicion or conjecture. The prosecution always has the burden to prove guilt beyond a reasonable doubt.
What is considered sufficient evidence?
Related Definitions
Sufficient evidence means
evidence sufficient to support a reasonable belief, taking into consideration all relevant factors and circumstances
, that it is more likely than not that the Respondent has engaged in a Sanctionable Practice.
Does pleading guilty reduce your sentence?
When a criminal defendant pleads guilty when represented by legal counsel, he or she usually does so through the process of plea bargaining. … In exchange for pleading guilty,
the criminal defendant may receive a lighter sentence or have charges reduced
. Additionally, pleading guilty avoids the uncertainty of a trial.
