Prosecutorial Discretion : Criminal Charges And Any Other Charges

1403 Words Nov 18th, 2015 null Page
Prosecutorial discretion suggests that the government prosecuting attorneys have the opportunity to choose to bring criminal charges and any other charges. Prosecutors are one of the most powerful officials, which, “also provides a significant opportunity for leniency and mercy in a system that is frequently marked by broad and harsh criminal laws, and, increasingly in the last decades of the twentieth century, by legislative limitations on judges ' sentencing discretion.”
The prosecutor has a great amount of authority, stated in the case Bordenkircher v. Hayes, “ as long as the prosecutor has probable cause to believe that the accused committed an offense defined by statue, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” (pg. 592) The prosecutor can dismiss a charge or even receive plea bargain of lesser charger amongst the victim, although the prosecutor can receive a guilty plea bargain of lesser charge then that means the victim waves their rights to a trial. Sometimes an individual is not tried because of lack of evidence or because of police misconduct. Nolle prosequi tells us that, “the formal prosecutorial declaration that no prosecution will be sought on a particular charge.” (pg. 595). The case, Wayte v. United States gives us two reason why to avoid supervision, “the strength of the case, the prosecution’s general deterrence value, the government’s general deterrence…

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