(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.
Absent a legitimate law enforcement purpose, the prosecutor should not display the accused for the media, nor should the prosecutor invite media presence during investigative actions without careful consideration of the interests of all involved, including suspects, defendants, and the public.
If a supervisor or judge initially determines that an allegation is serious enough to warrant official investigation, reasonable measures, including possible recusal, should be instituted to ensure that the prosecution function is fairly and effectively carried out.
(b) The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict.
The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.
Such steps may include: filing motions including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence.
A prosecutor should not allow interests in personal advancement or aggrandizement to affect judgments regarding what is in the best interests of justice in any case.
Prosecutors do more than file charges based on police reports of crimes that have been committed. Often, they actively participate in the investigation of past or ongoing crimes, particularly in cases involving business fraud, public corruption, and organized crime (including drug rings).
The prosecutor can also negotiate a plea with a suspect who, in exchange for pleading guilty to a lesser crime and agreeing to testify against others, will be rewarded with a light sentence. All of these decisions involve the prosecutor’s judgment.
Furthering the cause of justice is the primary role of the prosecutor, but many practical considerations influence the prosecutor’s decisions to pursue some cases, but not others. Among them are: 1 the sheer number of criminal statutes; prosecutors couldn’t possibly enforce them all and must decide which ones are most important and which violations are worthy of punishment 2 the limited number of prosecutors, courts, and prison capacity 3 the unique character of any suspected criminal incident—some witnesses are credible, but those that are not cannot support a reasonable prosecution, and 4 the need to take the individuals involved into account. For example, a prosecution might do more harm to the victim, or a victim may implore the prosecutor not to pursue the case. Whether to proceed in these situations (balancing individual justice with enforcing the law) is one of the most difficult decisions that prosecutors make.
Updated: Dec 30th, 2020. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. In the federal system, United States Attorneys are appointed by the President to run regional offices; they in turn hire assistant prosecutors. Prosecutors in the states are known as district ...
However sympathetic he or she may be to the suffering of a victim, the prosecutor is not the victim’s lawyer. Instead, the prosecutor’s duty is to serve the cause of justice. The prosecutor’s true client is justice itself, which means that the prosecutor must exercise discretion (sound judgment) at every step in a criminal investigation and trial, ...
Instead, the prosecutor’s duty is to serve the cause of justice. The prosecutor’s true client is justice itself, which means that the prosecutor must exercise discretion (sound judgment) at every step in a criminal investigation and trial, and beyond. The sections below illustrate how discretion infuses a prosecutor’s decisions.
The prosecutor’s true client is justice itself , which means that the prosecutor must exercise discretion (sound judgment) at every step in a criminal investigation and trial, and beyond. The sections below illustrate how discretion infuses a prosecutor’s decisions.
With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued. “Discretion to file” is one peculiar aspect of the American criminal justice system is the ability of a district attorney to completely forego criminal charges.
The longer a district attorney waits to file charges, the more “stale” a case becomes. Witnesses disperse around the country. Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.
Once law enforcement has gathered sufficient evidence through investigation, the case is given to the district attorney. The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, ...
The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.
The investigating police officer will turn over the fruits of the investigation to the district attorney for the proper county. The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances.
A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime.
Once a charge is filed, the options of eliminating the case are very few. Unlike investigations, which may ultimately never produce any real traction for the state, a filed complaint is quite different. First, the complaint creates a criminal case that is largely a matter of public record. This means any number of people, including potential employers, friends, or family members, can easily find records of the accused and what charges were filed. Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.
Most of the time, if the case is sensational, public pressure is the best means of persuasion. One very narrow approach may, however, be available to compel a prosecutor to file charges. This approach involves using a legal tool called a "writ of mandamus.".
Alternatives Available to a Victim. In many jurisdictions where a prosecutor decides not to pursue a criminal case, the victim will have little recourse. Public pressure, aided by social media, may cause a prosecutor to reconsider the decision not to pursue a criminal case.
In any criminal investigation, a prosecutor chooses which charge or charges to file or seek from a grand jury. A prosecutor also has the discretion to refrain from filing any charges at all. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.
Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.
Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
A writ of mandamus, however, is not available in most jurisdictions to a person wanting to force a prosecutor to file criminal charges or seek an indictment from a grand jury. In these jurisdictions, a prosecutor's decision to not seek formal criminal charges is considered a permissible exercise of discretion, and a court will not order ...
Most of the time, prosecutors have the final say when it comes to filing charges or asking a grand jury for an indictment. Political or public pressure sometimes changes their minds.