what is prosecutorial discression?

Answer 1

The decision not to prosecute someone for a crime, based on extenuating circumstances, the crime is not heinous, and there is not likely to be a conviction.

Even though there may have been a "crime" when the law is literally interpreted, probably no one on a jury would feel like convicting for it, and the person is not likely to repeat the activity that got them into trouble.

Many prosecutors offices use prosecutorial discretion for minor crimes like possession of small amounts of marijuana, as it is victimless, and would cost the taxpayers a pretty penny in order to prosecute for it.

There are also political ramifications of decisions to either prosecute or not prosecute someone, and sad to say, that is also another thing that goes into the decision process.

Answer 2

Prosecutorial discretion is the authority that every law enforcement agency has to decide whether to exercise its enforcement powers against someone.

Factors Used in Determining Use of Prosecutorial Discretion

The factors that can be taken into account in deciding whether to exercise prosecutorial discretion favorably include the following:

• Immigration status

• Length of residence in the United States

• Criminal history

• Humanitarian concerns

• Immigration history

• Likelihood of ultimately removing the alien

• Likelihood of achieving enforcement goal by other means

• Whether the alien is eligible or is likely to become eligible for other relief

• Effect of action on future admissibility

• Current or past cooperation with law enforcement authorities

• Honorable U.S. military service

• Community attention

• Resources available to INS

Answer 3

Prosecutorial discretion allows the district attorney to decide which crimes to prosecute and which ones not to, amongst other things. Simply put, the criminal code is society's wastebasket; if prosecutors were forced to prosecute every single crime committed, the system would become too bogged down. If the prosecutor's decisions are too frequently called into question, this also bogs the system down.

The term "prosecutorial discretion" does not only refer to the prosecutor's ability to decide which crimes to prosecute, it also refers to the prosecutor's ability to decide when to plea bargain, the number and severity of charges, etc.

It is possible, if you are charged with a crime, to raise a legal challenge if the prosecutor abused this discretion. One such defense is "selective prosecution". The prosecutor is not allowed to selectively prosecute based on race, ethnicity, gender, or exercise of religious practice. This is a Constitutional violation. However, raising this defense is difficult. The remedy however, is that you get off scott free.

It is also possible to raise a defense of "vindictive prosecution." For instance, if the prosecutor penalizes you for exercising your right to a jury trial (e.g. by increasing the severity of crime you are charged with) you may have a defense of vindictive prosecution. This is a hard defense to establish, and the remedy for this violation is simply a new trial.

Answer 4

check this out, maybe it will help...or not...hope so though..


http://www.emsa.cahwnet.gov/para/prosecutorial_discretion.asp