CRM/LAW C7 Lecture 10: Crim Notes 10 p2

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-Prosecutorial Discretion
Increased substantially
Creates uneven jurisdiction
A prosecutor can choose to persecute a lot of people
Hae eared the lael Aerias deadl DA
If a prosecutor has more discretion, that means someone has less
Plea bargaining
seletie proseutio: proseutor’s srees ad ealuates eidee ad details of arrest;
decides whether to accept or reject case for prosecution.
Prosecutor has, in theory, absolute and unrestricted discretion to choose who is prosecuted and
who is not.
-Research Question
Whih fators ifluee proseutor’s deisio to harge or ot?
-Likelihood of conviction
File when likelihood is good; reject when conviction unlikely
o Legal factors: strength of evidence, seriousness of offence
o Bureaucratic factors: availability of resources
o Political factors: community support
Prosecutors in some jurisdiction are elected, prosecutors may consider is it a popular jurisdiction
dostrea orietatio
o Predicting how victim, suspect, and incident will be viewed and evaluated by judge and
jurors.
o Will they buy the story? will it make sense?
-Focal Concerns
Seriousness of offense
Degree of harm to victim
Culpability of suspect. (were there witness, was there DNA)
-AND pereptual shorthad’s
Stereotypes of real crimes and credible victims.
Prosecutors are relying on who Is a credible victim, a credible story.
A prosecutor was willing to not push the case forward if a sexual assault victim still was in
contact with the assaulter.
Judges
Are responsible for honest, impartial, and equitable administration of justice
Arbiters: safeguard rights of accused and interests of public
Administrators: control flow of cases through courts oversee record keeping
Either elected or appointed
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