Question: What Does Prosecutorial Discretion Mean?

How does a prosecutor decide to file charges?

The prosecutor then reads the police report and decides whether or not the person who’s been arrested should be charged with a crime.

Alternatively, the prosecutor can go to a grand jury and ask them to decide what criminal charges should be filed (called an indictment)..

What is the role of discretion?

Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the …

What is an example of 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. … An example of this is a police officer letting you go with a warning when they could have charged you with speeding.

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.

Why are prosecutors so important?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

What are the 5 pillars of the Philippines?

Thus, the five pillars of the criminal justice system are law enforcement, the public prosecutor, the judiciary, correctional institutions, and the community. The police are responsible for investigating crimes, including taking the testimony of witnesses, collecting available evidence, and apprehending the offender.

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.

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 prosecutorial discretion?

Prosecutorial discretion refers to the “discretion exercised by the Attorney-General in matters within his authority in relation to the prosecution of criminal offences”. … It would also create a conflict with the judge effectively regulating a prosecution.

Are prosecutors immune from prosecution?

Prosecutors are absolutely immune from liability, which means that they cannot be sued for their decisions as prosecutors, no matter how outrageous their conduct. The Supreme Court has held that absolute immunity protects prosecutors who knowingly used false testimony and suppressed evidence in a murder trial.

Where are felony cases heard?

The U.S. district courts are the trial courts of the federal court system. The district courts can hear most federal cases, including civil and criminal cases. There are 94 federal judicial districts in the United States and its territories. Each district includes a U.S. bankruptcy court.

What does it mean to exercise discretion?

Administrative decisions often include the exercise of discretion. Discretion exists when the decision maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions.

What is the most important 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 is prosecution pillar?

It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the accused. It is also in the courts that the accused is given his “day” to disprove the accusation against him.

What are some constraints on prosecutorial discretion?

These constraints—rules, resources, and relationships—could trump evaluations of strength of the evidence, seriousness of the offense, and defendant criminal history, forcing prosecutors to make decisions that they might not consider ideal.

What is the biblical definition of discretion?

2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. 3 : ability to make responsible decisions. 4 : the result of separating or distinguishing.

What is it called when the prosecutor withholds evidence?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government’s possession to the defense.

What does prosecutorial mean?

: of, relating to, or being a prosecutor or prosecution.

What are the 5 pillars of CJS?

FIVE HISTORICAL PILLARS OF CRIMINAL JUSTICERETRIBUTION– This pillar is aimed at satisfying the thirst for revenge, anger, and hate. … DETERRENCE– The objective of deterrence has two parts. … INCAPACITATION– This is the simplest of the five pillars. … REHABILITATION – Rehabilitation is one of the newer aims in the criminal justice system.More items…•

What is the definition of nolle prosequi?

nolle prosequi. (no-lay pro-say-kwee) n. Latin for “we shall no longer prosecute,” which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped.

What type of discretion do judges exercise select one?

Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence.