Deciding Whether a Case Should be Prosecuted or Not Essay

Deciding Whether a Case Should be Prosecuted or Not Essay

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When a prosecutor is deciding whether a case should be prosecuted in the courts and charges should be filed against someone, prosecutors consider two important questions: Is it in the best interest of the public to proceed? And, is there a strong reasonable likelihood that there will be a conviction? If the answer to both are yes, then there is the task of deciding whether there is enough evidence to prosecute the case and whether the evidence is reliable and can it be used in court. This means carefully assessing the quality of the evidence from all related witnesses before reaching a final decision.
Grand jury indictments will be presented by the prosecutors only when and if a criminal case has not been diverted, downgraded, or dismissed. In order to compose a Grand jury citizens are selected from tax lists drivers license and voters registrations. In order to formally charge a person accused of a crime a prosecutor’s evidence is evaluated by a Grand jury to determine if that evidence is enough to support the prosecutor’s decision. Many states utilize grand jury’s to proceed with criminal and federal investigations, these investigations play an important role in the criminal process working hand in hand with prosecutors to decide on whether the evidence that has been presented is enough to charge or indict a person. “Grand juries are typically made up of 16 to 23 people and every felony case must be indicted by a grand jury unless waived by the accused. The purpose of the grand jury is not to determine guilt or innocence, but to decide whether there is probable cause to prosecute someone for a felony crime. The grand jury operates in secrecy and the normal rules of evidence do not apply. The prosecutor runs the ...

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...s important. Such situations allow criminals to be released back into society much too soon. The ultimate goal of the prosecutor should be to work cases that have enough evidence to establish every element of the crime in order to gain a successful conviction.

Chamblis, W.J. (1969). Crime and the legal process. New York: McGraw-Hill Book Company.
Glaberson, William (2004, June 20). New Trend Before Grand Juries: Meet the Accused. The
New York Times. Retrieved April 7, 2014 from
Heumann, Milton (1981). The Experiences of Prosecutors, Judges, and Defense Attorneys.

University of Chicago Press

Wright, R. (2013). Introduction to criminal law and procedure. San Diego, CA: Bridgepoint
Education, Inc.

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