what does a prosecuting attorney have the discretion to do

Prosecutorial

discretion refers to the fact that under American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation.

Full Answer

What is a prosecutor’s discretion?

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 it like to be a prosecuting attorney?

Being a prosecuting attorney requires not only a passion for advocacy but an understanding that your position requires you to seek the truth; prosecutors are held to higher standards because of this. A prosecutor does not have clients in the normal sense of the word; our client is the community that we serve.

Do district attorneys have any discretion?

Lastly, the researchers observed that the district attorneys had very few office-wide policies on case outcomes, although individuals units within these offices did have policies that limited discretion. I agree that prosecutors shouldn’t have completely unfettered discretion. It can be abused by unscrupulous prosecutors.

What are the powers of prosecutor?

Prosecutorial Discretion. 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 are some things that prosecutors have the discretion to do?

Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. Once an arrest is made, a prosecutor screens the case to determine if it should be prosecuted or dropped.

What is a discretionary power of a prosecutor?

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.

Why do prosecutors use discretion?

A sensible prosecutor will use discretion because: The prosecution has the burden of proving guilt beyond a reasonable doubt. If there's not enough evidence, the case may be withdrawn, or other charges could be brought. It can make the judicial system more efficient.

What power do prosecutors have?

Prosecutors are the gatekeepers of the criminal legal system. They decide whether to prosecute and what to charge. Their harsh and discriminatory practices have fueled a vast expansion of incarceration as the answer to societal ills over the last several decades.

What is discretionary decision-making within the criminal courts?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

What is prosecutorial discretion quizlet?

Prosecutorial Discretion. The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on.

What is the primary role of a prosecutor?

(b) The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict.

How prosecutors make their decisions?

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). The police complete an arrest report soon after they make an arrest and then quickly forward the report to a prosecutor assigned to do case intake.

How does broad discretion impact the role of the prosecutor?

In some cases, the prosecutor may request more information from law enforcement or investigators before making a final decision. In most circumstances, prosecutors enjoy broad discretion and affect the trajectory and outcome of criminal cases more than other actors in the justice system do.

Do prosecutors have more power than judges courtroom?

Because punishment for a crime is largely determined by the sentence that lawmakers have established in the criminal code, the prosecutor often has more power over how much punishment someone convicted of a crime receives than the judge who does the actual sentencing.

Why 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.

Are prosecutors too powerful?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

What are the factors that determine the decision to prosecute?

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.

Which area of the court process exercise the most discretion?

Prosecutors exercise the most discretion in three areas of decision making : the decision to file charges, the decision to dismiss charges, and plea bargaining.

What is the most powerful official in the criminal justice system?

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 plea bargaining?

A plea bargain is an agreement in which a prosecutor permits a defendant to plead guilty in exchange for a concession, such as reducing the charges or recommending a lenient sentence. There are advantages of plea bargaining to both the accused and ...

Why do prosecutor's have discretion?

In exercising this duty, prosecuting attorneys have vast discretion in deciding what and who to charge, and vast discretion in carrying out this decision. There are four major reasons why a prosecuting attorneys may choose to exercise their prosecutorial discretion: (1) There is not enough evidence, or the evidence is not strong enough ...

What is a prosecuting attorney?

Prosecuting attorneys are attorneys who represent the State (some scholars argue that prosecutors represent the victim) in a criminal case. But to what extent is this power granted, and under what authority? In our system of jurisprudence, prosecuting attorneys have, what attorneys refer to as, prosecutorial discretion.

Can a prosecuting attorney go unchecked?

As stated above, this power, most of the time, can go unchecked. It is because of this and other reasons, prosecuting attorneys are placed in one of, if not the most powerful positions within our criminal justice system. Although a power unchecked by official authorities, an experienced criminal defense attorney, ...

Find a legal form in minutes

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

Prosecutorial Discretion Law and Legal Definition

Prosecutorial discretion refers to the fact that under American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation.

What is the Discretionary Power of Prosecutors?

The Discretionary Power of Prosecutors. The majority of crimes are prosecuted by lawyers who hold local (mostly county, but sometimes city) positions. This type of prosecutor is frequently known as a district attorney (DA), but in some places as a prosecuting attorney, state’s attorney, or county attorney.

What is the role of a district attorney?

Most district attorney offices are responsible for prosecuting felony and misdemeanor crimes committed in their jurisdictions , although some places have separate prosecutorial offices for misdemeanors and felonies.

What are plea bargains in the criminal justice system?

Plea bargains, which prosecutors have the discretion to offer to defendants, are ubiquitous in the U.S. criminal justice system.

How many criminal cases end in plea bargains?

In fact, very few criminal cases make it to trial, where a judge and jury are the primary decision makers. An estimated 94 to 97 percent of cases end in a negotiated plea bargain, a process in which the prosecutor retains much of the negotiating power.

Do prosecutors have discretion?

In most circumstances, prosecutors enjoy broad discretion and affect the trajectory and outcome of criminal cases more than other actors in the justice system do.

What is the role of a prosecuting attorney?

and defend, on behalf of the state or county, all actions or proceedings, civil or criminal, in which the state or county is interested or is a party.". In most of these states the jurisdiction of the prosecuting attorney.

What is the duty of a prosecuting attorney in Indiana?

not only with the health of persons but also with that of live stock. In at least four states the prosecuting attorney is charged with the. duty to prosecute any person who practices as a veterinarian without. a license,70 and in Indiana it is his duty to aid the state and county.

What does an attorney have to attend to?

attorney must attend to are the classification of eggs, the adulteration. of cider vinegar, unclean bakeries, the apple marketing act, the laws. regulating the sale of oleomargarine, laws concerning the standard. weight and sale of bread, and the pollution of water.48 In several.