how does us attorney decide to prosecute

How Federal Prosecutors Decide To Prosecute Unlike state-level prosecutors, the United States Attorney has nearly unlimited resources at his or her disposal. He or she decides the cases to prosecute based on the evidence presented by one or more federal agencies (i.e., FBI, DEA, ATF, IRS etc.) and many other factors.

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How does a Prosecutor decide whether or not to file charges?

FAQ: How does a prosecutor decide whether or not to file charges? It is the prosecutor that makes the final decision as to whether to formally charge an individual or not, not the police department or other law enforcement agency. In most state criminal cases, police arrest individuals and bring the case to the District Attorney’s Office.

Why do prosecutors decide to prosecute?

Prosecutors have an ethical obligation to pursue only cases they believe they have sufficient evidence to pursue, but this, in practice, is not the only driving factor in the decision to prosecute. The decision to prosecute also hinges on the particular office’s policies and objectives.

When does a United States Attorney consult with a primary prosecutor?

If primary prosecutorial responsibility for a matter has been assumed by the Criminal Division or higher authority, the United States Attorney shall consult with the persons having primary responsibility before conducting grand jury proceedings, seeking indictment, or filing an information. A.

Can a US Attorney decline to prosecute a case?

The United States Attorney is authorized to decline prosecution in any case referred directly to him/her by an agency unless a statute provides otherwise. See JM 9-2.111. Whenever a case is closed without prosecution, the United States Attorney's files should reflect the action taken and the reason for it. [updated June 2018] [cited in JM 9-2.001]

At what point are prosecutors most likely to file charges?

(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.

Why do prosecutors sometimes choose not to prosecute?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

What is one reason prosecutors may decide to dismiss cases?

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

What power does the US Attorney General have?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

What factors are involved in a prosecutor's decision to file charges?

The decision to prosecute is based on the following factors: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.More items...

What evidence is needed to be charged?

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 makes a criminal case weak?

The are several signs that a criminal case is weak and a good prosecutor will not even pursue such a case until they're sure they can convince a judge that the case deserves a trial. As discussed, principal signs of a weak case include lack of evidence, illegal arrest, lack of witnesses among others.

Can you be charged without evidence?

You cannot be arrested without evidence. In order to be arrested for a criminal offense a police officer must have probable cause. Probable cause is a legal standard less than reasonable doubt.

How do you convince a prosecutor to drop charges?

There are multiple ways a defendant or their attorney can convince a prosecutor to drop criminal charges. Examples include lack of probable cause, presenting exculpatory evidence, showing police violated their rights, or partaking in a pretrial diversion program.

What does an US attorney do?

United States Attorneys serve as prosecution in criminal cases and both prosecution and defense for the federal government in civil cases. They serve under the oversight of the U.S. Attorney General and the Executive Office of United States Attorneys (EOUSA), but they retain a significant level of independence.

What does the U.S. Attorney General investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

Who does the U.S. Attorney General report to?

President of the United StatesUnited States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consent13 more rows

What are the main reasons for persecutors to reject cases?

5 Reasons Prosecutors Drop Criminal ChargesLack of Evidence. It's not easy winning a criminal case. ... Lack of Resources. The unfortunate reality is that prosecutors deal with a lot more crimes than they can prosecute. ... First Time Offender. ... Victim/Witness Do Not Come Forward. ... Willingness to Cooperate.

How do you convince a prosecutor to drop charges?

There are multiple ways a defendant or their attorney can convince a prosecutor to drop criminal charges. Examples include lack of probable cause, presenting exculpatory evidence, showing police violated their rights, or partaking in a pretrial diversion program.

What triggers the right to counsel?

Williams, 430 U.S. 387 (1977), the Supreme Court held that a defendant gains the right to an attorney “at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."

What are the formal powers of the prosecuting attorney quizlet?

What are the powers of the prosecuting attorney? Decides which charges to file, what bail amounts to recommend, whether to pursue a plea bargain, and what sentence to recommend to the judge.

What is an assistant U.S. attorney?

Attorneys working at the direction of the United States Attorney prosecute criminal cases brought by the United States against individuals and organizations who violate criminal laws enacted by the United States Congress.

Who is the attorney for the Western District of Texas?

The Western District of Texas is one of four federal judicial districts in Texas, and one of the largest in the country. Ashley C. Hoff is the United States Attorney for the Western District of Texas and is the chief federal law enforcement officer of the United States within this district.

What happens if a prosecutor is afraid to go to trial?

There is another caveat: if a prosecutor is afraid to go to trial, the defense attorneys will figure it out and hold out for better deals. A good prosecutor must be willing and able to go to trial and get favorable results. We, as supervisors, always had to be watching the younger or less experienced attorneys.

How does race affect criminal justice?

criminal justice system. Given prosecutors’ broad discretionary power, understanding the impact of their decisions on the higher incarceration rates of blacks and Latinos is crucial to determining whether, or how, race and ethnicity influence outcomes in the criminal justice system. Compared to white defendants, African Americans were likely to be charged and fully prosecuted, even after controlling for socioeconomic status variables (education, employment, public assistance, residential stability, and household composition) Prosecutors were more likely to dismiss a case at initial screening for Caucasian defendants as opposed to minority defendants (82.1 percent of whom were African Americans).

Why do we offer pleas in minor cases?

As others have stated, sometimes we offer pleas in minor cases to use our resources for the more serios crimes. If a cashier stole from her employer, for example, we might offer a guilty plea with just fines, probation and reimbursement to the victim.

Can you tell your client during a break in the testimony?

In California the opposite is true, you can tell your client during a break in the testimony how he is messing up and how to improve his testimony.

Can you tell your client how to testify?

And you cannot tell your client how to testify.

Do they call them public pretenders?

Yes of course they do. I call them public pretenders.

Is a prosecutor honest?

I believe most prosecutors are honest, and just trying their best to protect society and seek justice.

What is the decision to prosecute?

Department of Justice, the decision to prosecute is: “A policy judgment that the fundamental interests of society require the application of federal criminal law to a particular set of circumstances—recognizing both that serious violations of federal law must be prosecuted, and that prosecution entails profound consequences for the accused, crime victims, and their families whether or not a conviction ultimately results.”

Why aren't the worst offenders prosecuted?

While many of the worst offenders are being prosecuted, hundreds (if not thousands) of other cases are not, due to many factors like public opinion, political pressure, and the inability to produce evidence “beyond a reasonable doubt” of alleged crimes committed.

What percentage of federal cases are not guilty?

Given that federal conviction rates are well above 90 percent, this means that approximately 10 percent of the cases prosecuted conclude with a not guilty verdict or dismissal of charges. While the numbers would initially lead you to believe that the United States Attorney is nearly flawless in court, they actually show something different. What they demonstrate is that federal prosecutors are very selective about the cases they prosecute thereby ensuring a higher “win” record. Keep in mind, a federal prosecutor has the luxury of spending years investigating a case before bringing charges.

What happens if there is insufficient evidence for the federal prosecutor to believe that the defendant committed the crime beyond answer?

Generally, if there is insufficient evidence for the federal prosecutor to believe that the defendant committed the crime beyond a reasonable doubt, then he or she is likely to decline prosecution. However, it should be noted that most cases brought to the United States Attorney have been thoroughly investigated, though this is not always true.

What to do if you are under investigation?

If you’ve currently under federal investigation or facing prosecution, you should consult with a skilled criminal defense lawyer. The lawyers at The Federal Defenders can review your case and give you a “second opinion” about the viability of the government’s case against you.

When do federal arrests occur?

Regardless of whether a warrant is issued or not, federal law enforcement agencies arrest individuals only when there is enough “ probable cause ” to do so. If there isn’t sufficient probable cause, a federal judge may decline to issue the warrant.

What happens if you are arrested without probable cause?

If you’re arrested without probable cause, it’s a violation of your rights. When that’s the case, a skilled federal criminal defense lawyer can challenge “probable cause” at a hearing and get your case dismissed.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

Why are arrests and prosecutions separate?

Arrest and prosecution functions are separated primarily to protect citizens against the arbitrary exercise of police power. 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 is the role of arrest report?

Not only do arrest reports often determine what charges prosecutors file, but they also may play a key role in how much bail is required, the outcome of preliminary hearings (where hearsay evidence is often admissible), the willingness of the prosecutor to plea bargain, and trial tactics (for instance, the police report can be used to discredit testimony of the police officer who prepared the report).

Why do head prosecutors file charges?

Their charging decisions are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups. Deputy or assistant prosecutors may feel that appearing tough will help their careers, either within the prosecutor's office or later if they want to become judges.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Is an arrest report one sided?

Arrest reports are almost always one-sided. They recite only what the police claim took place and may include only witness statements that support the police theory. While they are generally not admissible as evidence in a trial, arrest reports can have a major impact in criminal cases.

Do prosecutors take a strong stand?

Experienced defense attorneys understand that prosecutors must sometimes be seen as taking a strong stand publicly, even though they may be willing to respond to weaknesses in individual cases at a later stage of the process. This is one of the reasons why practically every criminal defendant will benefit from the help of an experienced, local criminal defense attorney: Only those professionals know where the pressure points are and how to work around them (or with them).

What is the decision to prosecute?

The decision to prosecute also hinge s on the particular office’s policies and objectives. The same chain of events could lead to the filing of criminal charges in one jurisdiction, but a decision not to prosecute in another. While office policies and objectives may lead to more decisions to charge than not to charge at the outset, an experienced criminal defense attorney knows that prosecutors will respond to potential weaknesses in cases at later stages in the case, possibly leading to dismissals or increased bargaining power.

What are the factors that a prosecutor can consider when deciding whether to charge an individual?

They can consider factors such as the strength of the evidence, the individual’s criminal history, the extent of harm or loss allegedly sustained, witness cooperation, resources needed, and weigh it against the interests of justice. Prosecutors have an ethical obligation ...

Who makes the final decision as to whether to formally charge an individual or not?

It is the prosecutor that makes the final decision as to whether to formally charge an individual or not, not the police department or other law enforcement agency. In most state criminal cases, police arrest individuals and bring the case to the District Attorney’s Office.

Do police need probable cause?

The police only need probable cause to make an arrest, but the District Attorney’s Office must be able to prove each and every element of each crime charged beyond a reasonable doubt for a conviction. In federal systems, the investigative work prior to an arrest is usually more substantial.

Can a criminal defense attorney charge more than not?

While office policies and objectives may lead to more decisions to charge than not to charge at the outset, an experienced criminal defense attorney knows that prosecutors will respond to potential weaknesses in cases at later stages in the case, possibly leading to dismissals or increased bargaining power.

What happens if a prosecutor goes after a person who has been arrested?

If the prosecutor decides to go after a person who’s been arrested, they will need to go before a judge and prove that they have enough evidence to take the case to trial.

Why do prosecutor have political aspirations?

Running for office. Prosecutors often have political aspirations so cases that might make them look tough on crime in their communities.

Is criminal justice run by humans?

It’s important to understand that our criminal justice system is run by humans. Humans are subject to prejudice, preconceived notions and ulterior motives. In deciding whether to pursue a case or not, a prosecutor may have many things in mind:

Do prosecutor have their own ideas?

Their sense of right and wrong. As we stated earlier, prosecutors are human and thus have their own ideas of right and wrong. One prosecutor may see a certain crime as minor while another sees it as major.

001 - Introduction

• The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates. The statutory duty to prosecute for all offenses against the Unite…

See more on justice.gov

010 - Investigations

020 - Declining Prosecution

021 - Armed Forces Enlistment as An Alternative to Federal Prosecution

022 - Pretrial Diversion as An Alternative to Federal Prosecution

031 - Dual and Successive Prosecution Policy

032 - Notification to The Criminal Division of Certain Prosecutions of Attorneys

040 - Dismissal of Complaints

041 - Cancellation of Unexecuted Arrest Warrants