Charging a person with a crime and prosecutes the case

What three conditions must be met before a prosecutor charges a person with a crime and prosecutes the case? Why do prosecutors sometimes choose not to prosecute criminal cases? Discuss problems that could occur due to one person having so much power and discretion.

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Sample Answer

Before a prosecutor charges a person with a crime and prosecutes the case, three conditions must be met:

  1. Probable cause: There must be probable cause to believe that the person committed the crime. Probable cause is defined as more likely than not.
  2. Sufficient evidence: There must be sufficient evidence to support a conviction in court.
  3. Public interest: The prosecution must believe that it is in the public interest to prosecute the case. This means that the prosecution must believe that the benefits of prosecuting the case outweigh the costs.

Full Answer Section

Prosecutors sometimes choose not to prosecute criminal cases for a variety of reasons. Some of the most common reasons include:

  • Lack of evidence: The prosecutor may not have enough evidence to prove the case beyond a reasonable doubt.
  • Witness credibility: The prosecutor may believe that the witnesses in the case are not credible or that they will not cooperate with the prosecution.
  • Defendant’s criminal history: The prosecutor may believe that the defendant’s criminal history is too minor to justify prosecution.
  • Discretion: Prosecutors have a great deal of discretion in deciding whether or not to prosecute a case. This means that they can choose to prosecute a case even if they do not believe that it meets all of the legal requirements.

Problems that could occur due to one person having so much power and discretion include:

  • Abuse of power: Prosecutors could abuse their power by prosecuting people for political reasons or for personal vendettas.
  • Discrimination: Prosecutors could discriminate against certain groups of people by prosecuting them more often or more harshly than others.
  • Miscarriages of justice: Prosecutors could make mistakes that lead to innocent people being convicted of crimes.

To mitigate these problems, it is important to have a system of checks and balances in place. For example, prosecutors should be elected or appointed by independent bodies. They should also be subject to oversight by other government agencies and by the public.

Additionally, prosecutors should have clear guidelines for making charging decisions. These guidelines should be designed to ensure that prosecutors are using their power fairly and impartially.

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