When discussing prosecutorial discretion, where would his or her concern fall within?
screen out the weakest cases.
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.
How does prosecutorial discretion work in CJS?
As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system.
Prosecutors exercise unfettered discretion
, deciding who to charge with a crime, what charges to file, when to drop the charges, whether or not to plea bargain, and how to allocate prosecutorial resources.
What is prosecutorial decision making?
Prosecutorial decisions are made
based on both the legal factors of each case and a host of nonlegal factors
, including the circumstances and constraints of case processing. … Describing these constraints and how prosecutors operate within them is critical for communicating with constituents about decisionmaking.
Which of the following has been defined as the decision of a prosecutor to submit a charging document to a court or to seek a grand jury indictment or to decline to prosecute?
Absolute immunity. Which of the following has been defined as the decision of a prosecutor to submit a charging document to a court, or to seek a grand jury indictment, or to decline to prosecute?
Prosecutorial discretion
.
What is an example of prosecutorial discretion?
Prosecutors may have a variety of reasons for using prosecutorial discretion. … For example, if the facts
and evidence indicate that killing was actually in self-defense
(which can be a close call in some cases), the prosecutor may reduce the charges from murder to manslaughter, or even drop the charges entirely.
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 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 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.
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.
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 attorney?
As nouns the difference between attorney and prosecutor
is that
attorney is (us) a lawyer
; one who advises or represents others in legal matters as a profession while prosecutor is a lawyer who decides whether to charge a person with a crime and tries to prove in court that the person is guilty.
What are four types of prosecutorial misconduct?
- failure to disclose exculpatory evidence,
- introducing false evidence,
- using improper arguments, and.
- discriminating in jury selection.
What is the purpose of prosecutorial discretion?
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 is meant by prosecutorial discretion?
Prosecutorial discretion refers to
the Department of Homeland Security's authority to choose whether or not to take enforcement action against a person or group of people
.
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.
