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.
Sample Answer
Before a prosecutor charges a person with a crime and prosecutes the case, three conditions must be met:
- Probable cause: There must be probable cause to believe that the person committed the crime. Probable cause is defined as more likely than not.
- Sufficient evidence: There must be sufficient evidence to support a conviction in court.
- 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.