Chapter 3

PROSECUTION: THE SECOND PILLAR OF THE

CRIMINAL JUSTICE SYSTEM

Lesson 5
PROSECUTOR’S DISCRETION
 Prosecutor's Discretion

The following are some of the discretion of

prosecutors:
1. Whether or not to file the case in court
2. What charges to file.
3. Whether or not to decline to prosecute
the arrested
4. Whether or not to enter into plea-
bargaining.
 Reasons for Prosecutorial Rejection
Dismissal of some criminal cases
1.Insufficient evidence that results from a failure to find
sufficient physical evidence that links the defendant to the
offense.

2. Witness problem that arise for example, when a witness

fails to appear, gives unclear or inconsistent statements, is
reluctant to testify, is unsure of the identity of the offender.

3. Due Process Problems that involve the violations of the

constitutional requirements for seizing evidence and for the
questioning of the accused.
 Factors that may influence Prosecutorial
Decisions

1. Pressure from the public.

2. Pressure from the media
3. The desire to get rid of a suspect who is a particular problem to
the community.
4. The belief that new evidence would be discovered and that such
evidence would be favorable to the suspect.
5. The nature of the complaint and the attitude of the offended party.
6. The seriousness of the offense.
7. The exchange of the relationship among the components of the
CJS as well as the congestion within and the resource demands
placed upon the system.
 Remedy available should the Prosecutor without just cause
decline to Prosecute a Crime

(a) To file an action for Mandamus to compel the

prosecutor to file the information.
(b)To file an Administrative case against the
prosecutor.
(c) To file a motion for reconsideration.
(d) To file a criminal case against the prosecutor.
(e) To hold the prosecutor Civilly liable.
(f) To appeal to the Department of Justice.