Attice Criminal Law Prosecutorial Discretion

The prosecutorial discretion bill would allow commonwealth s attorneys to drop certain cases such as marijuana possession.

Attice criminal law prosecutorial discretion.

Prosecutorial discretion as an elected or appointed official the prosecutor is the most powerful official in the criminal justice system. Prosecutorial discretion is necessary for law enforcement to work. Https scholar law colorado edu articles part of the civil law commons comparative and foreign law commons criminal procedure. Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime and which criminal charges to file.

Pizzi university of colorado law school follow this and additional works at. The center square the virginia senate passed legislation friday that would expand prosecutorial discretion and other criminal justice reforms. Prosecutorial discretion at the international criminal court anni pues this timely book provides a comprehensive guide to and rigorous analysis of prosecutorial discretion at the international criminal court. 80 concerns about charges based on odd or unknowable laws use of woodsy owl s or smokey.

One defense of current law starts with the proposition that federal criminal law is the tail of criminal enforcement and that everything other than cases involving drug offenses immigration and weapons charges lies at the tail of federal enforcement. Prosecutorial discretion in the military is a collaborative process. Prosecutors exercise unfettered discretion deciding who to charge with a crime what charges to file when to drop the charges whether or not to plea bargain and how to allocate prosecutorial resources. Starting from preliminary examinations and the decision.

Once the matter has been adequately investigated the trial counsel will coordinate with the chief of the criminal law division a more senior military lawyer with roughly 10 years of experience to prepare the proposed charge s level 2 jag. Although the commonwealth s attorneys had done this historically throughout virginia a recent court case foundthey cannot order all cases for a certain crime to be dropped within their jurisdiction. Senate bill 5033 would allow prosecutors to drop cases and craft deals that guarantee a reduction or a dismissal of a charge based on a defendant s decision to seek rehabilitation treatment or. This is the first ever study that takes the reader through all the key stages of the proscecutor s decision making process.