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Understanding Prosecutorial Discretion fully examines the nearly absolute and unreviewable power of government prosecutors to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.
Prosecuting attorneys enjoy broader discretion in making decisions that influence criminal case outcomes than any other actors in the American justice system. They make pivotal decisions throughout the life of a casefrom determining whether to file charges, to crafting plea offers and recommending sentences.
The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.
Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. Once an arrest is made, a prosecutor screens the case to determine if it should be prosecuted or dropped.
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