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.
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.
It is typically the public prosecutor who, on the basis of the results of the investigation, determines whether to file a complaint and for which offense to bring charges.
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.
Prosecutions with no supporting evidence and a well-represented defendant are less likely to succeed when compared with cases with significant supporting evidence, but there is always a possibility that there will be a conviction.
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.
How Los Angeles Prosecutors Decide to File Charges in a Criminal...The Evidence. ... The Credibility of Witnesses and Victims. ... The Circumstances Surrounding the Accusations or Arrest. ... The Possibility of a Plea Bargain. ... Current Political Pressures.
A state prosecutor's decision NOT to file a case can be challenged by the: State Attorney General. If a prosecutor's decision to bring charges is discriminatory in nature, this is known as: Selective prosecution.
In order for photo and video evidence to be admissible in court it must meet two basic requirements: relevance and authenticity. In order for evidence to be relevant it must have probative value. In other words, it must either support or undermine the truth of any point at issue in the legal proceedings.
The burden of proof The burden of proving the guilt of the defendant lies on the prosecution, who must prove the particulars of the offence beyond reasonable doubt; the jury or magistrates should only convict if they are sure of the defendant's guilt. 6.
Witness statements. Audio/video evidence statements by witnesses. Statements by the accused. Accused's criminal record.
Therefore, Assault has three elements: intent, apprehension of a harmful contact, and. causation.