What Is The Most Important Factor A Prosecutor Considers When Deciding On Criminal Prosecution??

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. … Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

Which of the following is a factor in how the judge determines the amount of the bail?

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

Why is the prosecutor often considered the most powerful of all courtroom participants?

Abstract. 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 factors influence prosecutorial decision making?

Results of the study reflect that prosecutors used the strength of evidence as the primary factor in their decision making process balanced by other factors such as the seriousness of the crime, the defendant’s prior criminal history, fairness to the victim and defendant as well as contextual factors such as office …

Why do prosecutors drop charges?

The most common reason why criminal charges may be dropped is a lack of proof. The prosecution has to prove beyond a reasonable doubt that you committed the crime. … This does not mean you are free for good; a prosecutor may drop with the intent of filing again later, after they have collected more evidence.

What kind of proof is needed for a conviction?

To be convicted of any crime, the prosecution must prove each and every element of the crime charged beyond a reasonable doubt. Our law presumes that a criminal defendant is innocent of a crime.

What is the difference between dropped and dismissed?

Dropped and dismissed criminal charges are similar in that the case does not go to trial and the defendant does not face penalties for the alleged offense. However, a charge being dropped is very different from a case being dismissed. … Both the prosecutor and the court can choose to dismiss your case.

What is the Giglio rule?

Giglio v. … Maryland that due process is violated when the prosecution “withholds evidence on demand of an accused which, if made available, would tend to exculpate him or reduce the penalty.” In Giglio, the Court went further and held that all impeachment evidence falls under the Brady holding.

What is meant by presumptive evidence?

Presumptive evidence refers to evidence which shows the existence of one fact by proof of the existence of others from which the first may be inferred. … Such evidence is not conclusive but subject to rebuttal or explanation. It is also called indirect or circumstantial evidence.

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government’s possession to the defense. … Bagley, 473 U.S. 667 (1985). The defendant bears the burden to prove that the undisclosed evidence was both material and favorable.

How do prosecutors determine the truth?

Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case. … Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. This evidence could show the defendant’s innocence.

Why is prosecutorial discretion so important to the criminal justice system do you believe prosecutors should have more or less discretion explain?

It allows prosecutors to choose justice even where it may conflict with the letter of the law. General policies favoring alternatives to prosecution extend the benefits of this discretion universally in those cases where the consequences of a conviction are counterproductive to the aims of justice.

Why is the concept of jurisdiction important in criminal cases?

Jurisdiction is important because it limits the power of a court to hear certain cases. If courts did not exercise appropriate jurisdiction, every court could conceivably hear every case brought to them, which would lead to confusing and contradictory results.

What two elements must a prosecutor prove beyond a reasonable doubt in a criminal trial?

To better understand beyond a reasonable doubt, it helps to look at two other standards that courts may apply: a preponderance of the evidence, and clear and convincing evidence.

Why is standard of proof higher in criminal cases?

The burden of proof in criminal matters is significantly higher than in civil matters because of the potential for a finding of guilty to result in complete deprivation on one’s freedom in the form of a sentence of imprisonment.

What are the 3 burdens of proof?

These three burdens of proof are: the reasonable doubt standard, probable cause and reasonable suspicion. This post describes each burden and identifies when they are required during the criminal justice process.

What percentage of certainty is typically associated with reasonable doubt in criminal court?

Whereas, in a civil trial, a party may prevail with as little as 51 percent probability (a preponderance), those legal authorities who venture to assign a numerical value to “beyond a reasonable doubt” place it in the certainty range of 98 or 99 percent.