What are 3 things the prosecutor has discretion deciding?

Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.

What factors do prosecutors consider in making a charging decision?

(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.

Which decisions do prosecutors have the authority and power to make at their sole discretion?

Charging decisions and plea bargain offers are made at the sole discretion of prosecutors. Some prosecutors seek a longer sentence if a defendant takes a case to trial instead of pleading guilty.

What is an example of discretion in the criminal justice system?

In criminal and tort law, discretion is the ability to judge between right and wrong, which is sufficient to hold one liable for one's own conduct. For example, a judge may have discretion over the amount of a fine, a prosecutor may have discretion when prosecuting a criminal case.

What are the types of discretion?

This essay argues that discretion should be understood to come in three varieties: good discretion, which is beneficial; bad discretion, which is typified by acts motivated by race, sex, or class considerations; and mundane discretion, which is value-neutral.

How does the prosecutor decide which cases to pursue?

What is a discretion decision?

Discretionary decision making means making decisions based on reason and judgement, rather than just on pre-determined criteria.

What are the factors of discretion?

What is an example of a discretionary decision made by prosecutors?

Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.

What are examples of judicial discretion?

For example, in a case where a trial court has the discretion to issue a misdemeanor or felony sentence, and chooses to issue the former solely out of disapproval for the punishment that would follow the latter, it has abused its discretion by making its decision using the wrong considerations.

What is discretion in criminal justice process?

Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

Which best describes the discretion given to a prosecutor?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.

What is one reason prosecutors may decide to dismiss a case?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant.

Do prosecutors have wide discretion?

Prosecuting attorneys enjoy broader discretion in making decisions that influence criminal case outcomes than any other actors in the American justice system. They make pivotal decisions throughout the life of a case—from determining whether to file charges, to crafting plea offers and recommending sentences.

What are 3 factors that courts use to make case decisions?

What are the 3 elements a prosecutor must prove in every criminal case?

In order to convict the defendant, these elements of a crime must then be proven in a court of law beyond a reasonable doubt. Most crimes require that three essential elements be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements.

What must a prosecutor decide on?

Prosecutors must at all times act in the interest of the community and not necessarily in accordance with the wishes of the community. The prosecutor's primary function is to assist the court in arriving at a just verdict and, in the event of a conviction, a fair sentence based upon the evidence presented.

What are the 3 types of judicial decisions?

Generations of Opinions

Prior to the issuance of bound volumes of the U.S. Reports, the Court's official decisions appear in three temporary forms: (1) bench opinions; (2) slip opinions; and (3) preliminary prints.

What are the steps of discretionary decision making?

Chief James Bale, Whittier Police Department (California), discusses the seven items comprising the discretionary decision process: problem identification, fact finding, degrees of freedom determination, alternatives selection, making the decision, implementing the decision, and process evaluation.

Why are judges given discretion when they make a decision?

“By employing the discretion of a judge to impose the appropriate sentence in the specific case before them, it allows that sentence to better achieve all of the goals of sentencing, including deterrence, rehabilitation, and denunciation.”

What are examples of prosecution discretion?

“Prosecutorial discretion is inherent in every step of the prosecution process,” Williams says, with the examples of issuing subpoenas, search warrants or conducting interviews.

What is discretion and give two examples of a police officer using discretion?

Police discretion examples include an officer's decision whether or not to draw their weapon, to make an arrest, to issue a traffic ticket, to perform a search on a suspect, or to stop and assist someone in need of help.

What are the discretionary powers of the court?

Discretion is inevitable both in civil and criminal proceedings. It is impossible to foresee the eventualities in the judicial proceedings and for this purpose the power of discretion is conferred upon the judge to decide justly according to the facts and circumstances.

What factors do police use in determining their use of discretion?

THE PRIMARY FACTOR WHICH SEEMED TO INFLUENCE THE EXERCISE OF DISCRETION WAS THE DESIRE ON THE PART OF THE RESPONDENTS TO MAINTAIN A CERTAIN PUBLIC IMAGE OF THE POLICE ROLE, BASED UPON THEIR JUDGEMENT OF WHAT THE COMMUNITY'S EXPECTATIONS OF THE APPROPRIATE POLICE RESPONSE ARE.

What are some discretion of the police?

For example, when anyone commits a minor offence, officers have the discretion to let that person go after a warning or to charge that person and bring him/her to jail. 1. Dane is in an electronics store where he and a couple of friends are searching for a potential gift to give to a friend.

What are the important factors of police discretion?

Two major sources of influence on the way in which officers exercise their discretion are the environment in which the police agency is situated, and the way in which the agency is organized.