Questions tagged [prosecutorial-discretion]

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Technically, can the prosecutor have advocate? [closed]

I understand, probably for many of you, lawyers, the article you’ve read is ultimately crazy, but I just thought: if everyone is equal before the court, can prosecutor use the services of a lawyer (...
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3answers
94 views

Does or should a prosecutor in the US interview the victim and the suspect, if they are physically available, to file charges?

Does a prosecutor ought to interview the victim if physically available and the suspect if physically available to file criminal charges (in the US)?
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What will stolen money be treated after prosecution period

If someone steel some money and the prosecution period is just two years. After two years, this guy can’t be sentenced anymore even though has been catch by police. So, my question is how will the ...
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1answer
62 views

Can a discrimination act be a charge filed by a prosecutor?

Can a discrimination, e.g. based on gender, race or age, charge be filed by a prosecutor or a prosecutor's office in the US?
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126 views

Can the state change its mind about dropping charges?

If a person is indicted on criminal charges, but before trial the state decides to "drop the charges," can the state later bring the same charges? I'm actually not even certain what formal actions ...
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4answers
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Is it legal for a District Attorney to choose a policy to not prosecute certain crimes?

San Francisco DA announced that he won't prosecute certain crimes like public camping or public urination (second source). "San Francisco's new district attorney has chosen social justice over the ...
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4answers
124 views

Are there any laws against political persecution in the west?

It has been asserted that Julian Assange is being persued by the US, Sweden and the UK for political rather than legal reasons. For example: Demasking the Torture of Julian Assange Abuses Show ...
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1answer
66 views

Is a corrupt Attorney General able to quash any and all Federal investgations?

(I'll try to ask this in as non-biased way as possible) If an Attorney General is part of a corrupt administration, would he or she be able to quash any and all Federal investigations related to that ...
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6answers
5k views

Can the jeopardy of being judged be fought against in court?

Can the right to take people to the court be itself subject to judicial challenge? In other words, if someone attempts to sue you, would you ever be able to successfully argue in the court to prevent ...
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2answers
159 views

Can prosecutors add charges to get an individual to plead guilty?

Can a prosecutor add additional charges to pressure a defendant to plead guilty to the original charges?
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0answers
28 views

Why was the decision to make a non-traditional prosecutorial judgement unclear at the start of the 2017 Special Counsel Investigation?

Background One comment on this question about Robert Mueller's 2017 Special Counsel Investigation inquired about a specific aspect of the investigation. This aspect related to the prosecutorial ...
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1answer
64 views

Logic or reasons for DA not bringing felony charges after an arrest warrant is issued

What might lead a district attorney to decide not to bring felony charges after an arrest warrant is issued? Are decisions not to press charges influenced by pending, unrelated felony charges in ...
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1answer
98 views

Why are Florida prosecutors filing for manslaughter rather than murder in the case of Michael Drejka?

Florida prosecutors filed to charge Michael Drejka with manslaughter rather than murder in August 2018. If convicted of manslaughter, Drejka can be sentenced to up to 30 years rather than receive ...
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1answer
66 views

Virginia prosecutor changed/added charges to original charge that one pled guilty to

I was charged by the police with two charges that were felony 5. I plead guilty. When I went to court the prosecutor added another charge and changed the felony 5 charges to felony 2 charges. The ...
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1answer
93 views

Why did Jim Garrison investigate the Kennedy assassination?

Mr Garrison was the district attorney (DA) for the state of New Orleans and the assassination of President Kennedy happened in Dallas, Texas. Why would a New Orleans DA be interested in this? Isn't ...
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1answer
50 views

Does a prosecutor have any legal resource to avoid aplying a law which is unconstitutional?

Recently in Argentina a prosecutor suggested that even if she doesnt like a particular law (which might be unconstitutional) she has no choice because she has to apply it. is this so?
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1answer
161 views

What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?

Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no ...
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1answer
96 views

Why would a Canadian Crown Prosecutor continue with a proceeding with no evidence?

If a proceeding has only conflicting witness testimony for the Crown, but forensic evidence that proves the defense s case, why would the Crown proceed?
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2answers
494 views

admissible or not

The prosecutor has the conversation from an anonymous app, only from the device of the accuser. Has nothing from the accused and the conversation doesn't identify the accused. The only thing ...
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1answer
86 views

Can federal prosecutors go against the Justice Department's interpretation of the law?

Suppose that the U.S. Department of Justice (DOJ) has a belief or opinion about what the proper interpretation of a certain statute or Constitutional provision is, and that they have formalized their ...
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1answer
122 views

Is it unethical for a prosecutor not to try his hardest to get an indictment?

A Grand Jury failed to indict Darren Wilson, the police officer who shot Michael Brown, which led to riots in Ferguson, MO. This my have been due in part to the fact that the prosecutor presented the ...
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221 views

Couldn't Comey avoid the whole kerfuffle with a simple question?

Yesterday (6/8/2017) fmr FBI Director Comey testified that President Trump told him during a dinner which the 2 of them had (with no witnesses present) something along the lines of "I hope you can let ...
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2answers
349 views

Does the President of the USA execute prosecutorial discretion?

Is it legal for the President of the USA to direct an official of the DOJ (say, the Director of the FBI) to drop an investigation, as an exercise of prosecutorial discretion? This is the case being ...
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1answer
126 views

Are traffic court prosecutors required to watch dashcam videos before presenting officers witness testimony?

Dashcam video can contradict an officer's testimony or police report, so are prosecutors required to watch dashcam video before trial to ensure the officer's testimony is true? When a discovery ...
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1answer
563 views

Can I email the prosecutor?

I want charges dropped against my spouse who was arrested for domestic assault against me. I called the prosecutor to ask him to drop the charges against my spouse. He said he would call me back with ...
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1answer
716 views

How can people confess to their drug use in a book without any legal consequences?

Using illegal drugs is illegal. Yet Obama and Steve Jobs confess that freely. Write a book about it. Imagine if they confess to murder instead. That would be problematic. So why?
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1answer
69 views

Are there legal obstacles to an elected official appointing a special prosecutor to pursue his/her opponent?

The current US Presidential campaign has had a lot of mud-slinging and accusations back and forth about violations of the law by the opposing candidate. One has explicitly stated plans to (if elected)...
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20 views

please somebody tell me the origin of the words, prosecutor [closed]

Please somebody tell me the origin of the words, prosecutor, prosecution and other relevant similar words please.
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168 views

When does the government charge for fraud

I was just curious, how often does the government actually prosecute cases of fraud in court? Are there parameters that they usually follow when deciding to take a case to court?