Bordenkircher V. Hayes Case Analysis

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 …show more content…
610) Mainly all of the states have rules abiding the first two charges. In the case Drew v. United States, “Drew successfully robbed one out of the two stores that he went to. The first store he was wearing sun glasses and told the clerk that he was robbing the store, he then pulled out a gun and successfully robbed the store without harming anyone, because of his second attempt to rob a store, the lady from the first store recognized Drew out of the line up seventeen days prior to her robbery.” However, “ the court agreed with Drew that the trial judge had erred in not granting Drew’s motion for severance of these two charges. As a guideline for determining when two similar crimes can be joined, the court found applicable the rules governing the admissibility of evidence about other crimes.” There should be little to no joining of crimes only if the crimes have evidence of other