Attice Criminal Law Prosecutorial Discretion

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.

Attice criminal law prosecutorial discretion.

Https scholar law colorado edu articles part of the civil law commons comparative and foreign law commons criminal procedure. Starting from preliminary examinations and the decision. 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. 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.

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. 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. Prosecutorial discretion in the military is a collaborative process.

Understanding prosecutorial discretion in the united states. 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. Pizzi university of colorado law school follow this and additional works at. Prosecutorial discretion is necessary for law enforcement to work.

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. But dropping the case against michael flynn is an abuse of this power one that egregiously undermines the rule of law. The limits of comparative criminal procedure as an instrument of reform william t. The prosecutorial discretion bill would allow commonwealth s attorneys to drop certain cases such as marijuana possession.