Alex Why are prosecutors so difficult to deal with?
Whether to proceed in these situations (balancing individual justice with enforcing the law) is one of the most difficult decisions that prosecutors make. Prosecutors do more than file charges based on police reports of crimes that have been committed.
Can a prosecutor negotiate a plea with a suspect?
The prosecutor can also negotiate a plea with a suspect who, in exchange for pleading guilty to a lesser crime and agreeing to testify against others, will be rewarded with a light sentence. All of these decisions involve the prosecutor’s judgment.
Is the prosecutor the victim’s lawyer or the police officer?
Although a prosecutor regularly deals with police officers, witnesses, and victims, the prosecutor’s primary obligation is not to serve the interests of these parties—however sympathetic he may be to the suffering of a victim, the prosecutor is not the victim’s lawyer.
How does the Prosecutor decide what crimes to charge?
The prosecutor decides which crimes to charge. The most important check on this power is the requirement that the accusations be supported by “probable cause”—the legal standard that will spare a person from prosecution unless it’s more likely than not that a crime was committed, and the defendant committed it.
Whether to proceed in these situations (balancing individual justice with enforcing the law) is one of the most difficult decisions that prosecutors make. Prosecutors do more than file charges based on police reports of crimes that have been committed.
The prosecutor can also negotiate a plea with a suspect who, in exchange for pleading guilty to a lesser crime and agreeing to testify against others, will be rewarded with a light sentence. All of these decisions involve the prosecutor’s judgment.
Can a judge limit the power of the prosecutor?
Consequently, the judge will be constrained by the charges that the prosecutor has elected to bring against the defendant. Even if the defendant beats some of the charges or ends up convicted of lesser offenses, the court’s power has been circumscribed to some degree by the initial charging decision.
Why does a prosecutor drop charges in a domestic case?
having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.
What happens when prosecutors have too much power?
The results, critics charge, are the undermining of the right to jury trial, mass incarceration, public skepticism regarding equal justice, and immense pressure on every defendant. Yet there can be no justice without empowered prosecutors.
Can a prosecutor choose to charge only joyriding?
For example, a prosecutor who thinks a jury could convict a defendant of grand theft might choose to charge only joyriding. On the flip side, it’s not uncommon for the prosecution to charge a defendant with a serious offense, then use that charge as leverage to get the defendant to plead guilty to a lesser crime.
What did the Supreme Court say about the prosecutor?
In a 1935 case, for instance, the U.S. Supreme Court described the prosecutor as “the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer.”
When do prosecutors have leeway to file charges?
Rules Prof. Conduct, Rule 5-110 (2016).) Despite the ethical requirements for government attorneys and the seriousness of criminal prosecution, prosecutors tend to have a lot of latitude regarding charging decisions. That a crime occurred typically doesn’t mean that the prosecution has to file charges.