How does a prosecutor make the decision to charge someone?
Does he or she just go out on the street and pick someone: you, me, his grandmother? No. Does he have evidence that someone should be charged and tried? How does he/she get that evidence? Who investigates crimes? Who arrests suspects? THINK
Based on the evidence and the probable decsion of the grand jury?
A prosecutor makes the decision to charge someone based on several factors. Here's an explanation of the process:
1. Gathering evidence: Before deciding whether to charge someone, the prosecutor gathers evidence from various sources, such as police reports, witness statements, physical evidence, and any other relevant information. This process involves reviewing the facts and assessing the strength of the evidence.
2. Reviewing applicable laws: The prosecutor reviews the relevant laws and statutes to determine if the evidence supports charging the person with a specific offense. They analyze whether there is enough evidence to establish the elements of the crime and meet the burden of proof required in court.
3. Discretion and prosecutorial guidelines: Prosecutors have discretion in deciding whether to charge someone or not. They consider factors such as the seriousness of the offense, the individual's criminal history, the available evidence, and the impact on victims and the community. Additionally, many prosecutor's offices have guidelines that help determine whether to proceed with charges.
4. Legal sufficiency: The prosecutor evaluates whether the evidence is legally sufficient to proceed with a criminal charge. This means that they assess whether there is enough admissible evidence that, if presented to a jury, could potentially lead to a conviction beyond a reasonable doubt.
5. Evaluating the public interest: Prosecutors also weigh the public interest in pursuing charges. They consider factors such as the nature of the offense, its impact on the community, and the potential threat to public safety. They seek to promote justice and protect the rights of both the accused and the public.
6. Reviewing alternative options: In some cases, prosecutors may consider alternative options rather than filing charges. This includes diversion programs, plea bargains, or recommending a lesser offense. The goal is to achieve a fair and just outcome while considering the individual circumstances of the case.
It is important to note that the specific process may vary depending on the jurisdiction and the policies of the prosecutor's office.