What Is The Most Important Factor In Deciding Whether To Prosecute??


What Is The Most Important Factor In Deciding Whether To Prosecute??

(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.

What is the most important factor that prosecutors consider when determining whether or not they should bring a case to trial?

(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.

What is the most important factor in making a decision about whether or not to prosecute?

The decision to prosecute or to discontinue a prosecution is the most important decision that a prosecutor makes in the criminal justice process. Such decisions must reflect sound knowledge of the law and careful consideration of the interests of victims, the accused and the public at large.

What are the most important factors affecting prosecutors charging decisions?

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.

When should you prosecute?

A prosecution will usually take place unless the public interest factors clearly outweigh those in favour of prosecution. In deciding where exactly the interests of justice may be said to lie in any particular situation, the prosecutor must bring to bear his experience and judgment.

What facts may the prosecutor consider when deciding what charges to file?

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 type of evidence tends to show innocence of the accused the suspect and must be disclosed?

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.

Why is circumstantial evidence important?

Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference.

What is realistic prospect of conviction?

A “realistic prospect of conviction” is an objective test. It means that a jury or a bench of magistrates, properly directed in accordance with the law, will be more likely than not to convict the defendant of the charge alleged. … A jury or magistrates’ court should only convict if it is sure of a defendant’s guilt.)

What must the Crown prove in order for an accused person to be convicted of a crime in Canada?

Before Your Trial Date

The Crown is obliged to give anyone charged with an offence, free of charge, information in the Crown’s possession or control that is not clearly irrelevant or privileged. This could include: police notes, witness statements, diagrams, and photographs. This information is called “disclosure”.

What factors influence prosecutors decisions whether or not to charge someone with a crime?

Political ambition.

Public opinion and important support groups often affect their decisions on charges. 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.

What is one reason prosecutors may decide to dismiss cases?

A prosecutor may voluntarily dismiss a case without prejudice in order to file a more or less serious case (as in the previous battery/assault example), to address a weakness or error in some part of the case (such as the evidence), or if they are not ready to go to trial at the date called by the judge.

What is a charging decision?

In a criminal case, if there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge, a decision to charge is made.

Who must prosecute criminal action?

Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.

What does the prosecution have to prove in a criminal case?

The Prosecution must prove its case to the criminal standard of beyond reasonable doubt. The Magistrate hears all the evidence and decides the verdict. If it is a guilty verdict, the Magistrate will either impose a sentence, or set a later date for when a sentence will be imposed.

What is the criminal prosecution process?

The criminal court process in California proceeds chronologically through three primary phases: (1) arraignment and pretrial, (2) court or jury trial and (3) post-conviction proceedings. Some cases get resolved at an early point in this process by way of a plea bargain or a dismissal by the court or the prosecutor.

Why would someone choose to be a prosecutor?

The role of a prosecutor is to seek justice and help victims. … If you care deeply about maintaining and enforcing the rule of law, find criminal law and litigation stimulating and have a desire to help victims, a career in prosecution could be the right choice for you.

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.

Why do prosecutors sometimes choose not to prosecute criminal cases quizlet?

– There is sufficient evidence to support a guilty verdict. (Ch 8) Why do prosecutors sometimes choose not to prosecute criminal cases? – belief that an offense did not cause sufficient harm.

Which of the following is evidence that tends to show the innocence of the accused?

evidence – Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. exculpatory evidence – Evidence which tends to show the defendant’s innocence.

Which of the following determines the court that will hear the case?

Both state and federal courts have jurisdiction over a case. … Determines which trial court in the system will hear the case. This is a matter of geographic location to determined by each states statutes–usually the trial court where the defendant resides is the appropriate venue.

What is the strongest type of evidence?

Direct Evidence

The most powerful type of evidence, direct evidence requires no inference.

What is substantial evidence?

What Does Substantial Evidence Mean? … Simply put, there is such relevant evidence that a reasonable mind would accept it as adequate to support a conclusion. When an appellate court is deciding whether there was substantial evidence, they consider the whole trial record, including all witness testimony.

Can circumstantial evidence be used in court?

Generally, circumstantial evidence can be admitted in court. However, the courts are careful when the only evidence in a case is circumstantial evidence. Circumstantial evidence must be examined closely and it should be looked at together with other evidence.

Can you get convicted on hearsay?

If all the evidence against you is hearsay, it is all inadmissible. Therefore, no evidence would be admitted. You can’t be convicted if the prosecution submits no evidence of your guilt. … There are also many exceptions to the hearsay rule.

How do the CPS decide to prosecute?

Every charging decision is based on the same two-stage test in the Code for Crown Prosecutors: … That means asking questions including how serious the offence is, the harm caused to the victim, the impact on communities and whether prosecution is a proportionate response.

What is an impending prosecution?

An impending prosecution is when a person is awaiting the outcome of a prosecution for an offence brought against them by the police or the Crown Prosecution Service (CPS).

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 must the Crown prove?

That means the Crown must prove identity, jurisdiction, date, and every element of the crime. If the judge is not completely sure about even one of these things, the judge cannot find you guilty. This is known as “proof beyond a reasonable doubt ”.

What are the two elements that Crown counsel considers for charge consideration?

From this observation, it is apparent that the criteria must reflect two general considerations: the sufficiency of the evidence, and the public interest.

Why is the Crown Prosecution Service important?

The fundamental role of the Crown Prosecution Service (CPS) is to protect the public, support victims and witnesses and deliver justice. The CPS will enable, encourage and support the effective participation of victims and witnesses at all stages in the criminal justice process.

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 …

Who decides whether a suspect is charged with a crime quizlet?

A prosecutor’s authority to decide whether to proceed with criminal charges against a particular suspect. When an individual is targeted for prosecution merely because he or she falls into a certain group (for example, a minority group). You just studied 12 terms!

What role does discretion play in if a prosecutor decides to bring a charge or not?

When Prosecutors Use Their Discretion

One reason that a prosecutor may decide not to file charges against a defendant is a lack of evidence. … Prosecutorial discretion also allows prosecutors not to file charges, to drop charges or to offer a plea deal when the circumstances surrounding the “crime” warrant it.

What is the most important factor a prosecutor considers when deciding on criminal prosecution?

3Of the many duties and responsibilities of the prosecutor, the charging power is the most important and is the essence of her control over the entire system. Prosecutors decide whether to charge an individual with a criminal offense, and what the charge should be.

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