Question: What Are Some Constraints On Prosecutorial Discretion?

What is prosecutorial discretion?

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 the most important prosecutorial discretion?

Prosecutorial Discretion. As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. … 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 four types of prosecutorial misconduct?

Types of Prosecutorial MisconductFailure to Disclose Exculpatory Evidence. … Improper Argument. … Improper Use of the Media. … Introduction of False Evidence. … Discrimination in Jury Selection.

What is a discretion?

noun. the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.

What is broad discretion?

The term “prosecutorial discretion” refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.

Does the prosecutor talk to the victim?

The prosecutor, victim, defendant and his/her attorney may comment to the court on matters they believe are important regarding the sentencing. The victim is offered anopportunity to speak to the judge about the impact the crime has had on his/her life.

Can the defendant talk to the prosecutor?

The State Bar’s ethics rules prohibit a prosecutor from speaking directly to a defendant if he or she knows that an attorney represents the defendant.

What is an example of prosecutorial discretion?

What are examples of prosecutorial discretion? When thinking about prosecutorial discretion and immigration, it’s helpful to compare it to the criminal justice system. … For example, ICE can decide not to pursue a case by cancelling the charges against immigrants who may be removable.

Can a prosecutor lie?

In legal terms, “perjury” occurs when someone knowingly makes false statements (verbally or in writing) while under oath. Both defendants and prosecutors can be guilty of perjury, but misconduct by either the prosecutor or police officers testifying for the prosecution can have very serious consequences.