Prosecutors & Charging Decisions

Question 1

justifications for prosecutorial discretion

Answer 1

crimes are a harm against society
some crimes are complex and require great skill

Question 2

when might a prosecutor decline to charge

Answer 2

• no crime was really committed
• weak evidence
• ∆ was already prosecuted by another sovereign
• weak resources

Question 3

what are some constraints on prosecutors

Answer 3

• political accountability
• ethical rules
• internal agency rules/ charging guidelines
• jury nullification

Question 4

rules around judicial supervision

Answer 4

1. judge can’t force a prosecutor to charge
2. judge can’t dictate which charges to bring when several options exist
3. judge can dismiss when a charging decision is based on selective prosecution
   - hard to prove though – must show similarly situated ∆s of different race were not charged

Question 5

how does a ∆ show a charge is based on discrimination

Answer 5

lol he can’t
must show
1. prosecutor has not charged similarly situated ∆s of different race
2. this was motivated by a discriminatory purpose

this is impossible because ∆ can’t get discovery without proving this first, and can’t be proven without discovery

Question 6

when can a prosecutor up the charges

Answer 6

after a ∆ rejects a plea offer

Question 7

when can’t a prosecutor up the charges

Answer 7

to punish ∆ for exercising lawful right to new trial after a successful appeal

Question 8

si a prelim hearing a critical stage

Answer 8

yes

Question 9

do rules of evidence apply at prelim hearing

Answer 9

no