Prosecutorial Discretion Case Study

1. A major problem with the relationship between police officers and prosecutors is the discretion that they both have in dealing with suspects (especially in incidents of domestic violence). The purpose of an arrest and prosecution are separated in order to protect citizens from unreasonable police power. Officers make arrests based on probable cause. They use discretion when making an arrest. Prosecutors file charges if they can prove a suspect is guilty beyond a reasonable doubt. They use discretion when deciding whether to charge a suspect or not. Mandatory arrest is not used anywhere else in the criminal justice system because it can remove the officer’s discretion. Advocates claim that in the past the criminal justice system has ignored …show more content…
They have prosecutorial discretion. Prosecutors can look at a case, including the suspect’s criminal history, and then decide whether and what to charge them. They can file charges on all of the crimes that the police arrested the suspect for, they can file charges that are more or less harsh, or they can decide to drop the charges all together.
2. The term "prosecutorial discretion" refers to prosecuting attorneys who have nearly absolute and unchecked power to choose whether or not to bring criminal charges, and what charges to bring. This power provides the foundation of plea bargaining and guarantees that prosecutors are one of the most powerful public officials. It also provides an important opportunity for leniency in a system of harsh criminal laws, and by limitations on judges' sentencing discretion (like question #3). Prosecutors have unreviewable authority to decide who will stand trial for crimes. Most of them use their discretion wisely and ethically, but that discretion can also be misused to bring criminal charges (or to refuse to bring them) based on a prosecutor's own personal political …show more content…
Judge or Jury Trial. The defense has the right to decide whether a case will be tried by a judge or jury. Juries usually have 12 members, but some states allow juries as small as six people. Jury selection. If the trial will be held before a jury, the defense and prosecution select the members through a process called "voir dire." In federal courts, the judge carries out this process using questions suggested by the attorneys, along with questions that the judge comes up with on his or her own. Evidence issues. The defense and prosecution request, before trial, that the court admit or exclude certain evidence. These are called motions. Opening statements. The prosecution and then the defense make opening statements to the judge or jury. These statements provide an outline of the case that each side intends to prove. The attorneys are careful to say only what they believe they can show to be true. Prosecution case-in-chief. The prosecution presents its main case through direct examination of prosecution witnesses. Cross-examination. The defense may cross-examine the prosecution witnesses. Prosecution rests. The prosecution finishes presenting its case. Motion to dismiss. The defense may move to dismiss the charges if it believes that the prosecution did not provide enough evidence to support a guilty verdict. Denial of motion to dismiss. The judge usually denies the defense’s motion to dismiss. Defense case-in-chief. The defense presents its main case through direct