Attice Criminal Law Prosecutorial Discretion

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.

Attice criminal law prosecutorial discretion.

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. Prosecutorial discretion in the military is a collaborative process. Prosecutorial discretion is necessary for law enforcement to work. 80 concerns about charges based on odd or unknowable laws use of woodsy owl s or smokey.

The limits of comparative criminal procedure as an instrument of reform william t. 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. 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 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.

But dropping the case against michael flynn is an abuse of this power one that egregiously undermines the rule of law. The prosecutorial discretion bill would allow commonwealth s attorneys to drop certain cases such as marijuana possession. Pizzi university of colorado law school follow this and additional works at. This is the first ever study that takes the reader through all the key stages of the proscecutor s decision making process.

The center square the virginia senate passed legislation friday that would expand prosecutorial discretion and other criminal justice reforms. Understanding prosecutorial discretion in the united states. Https scholar law colorado edu articles part of the civil law commons comparative and foreign law commons criminal procedure. Prosecutorial discretion as an elected or appointed official the prosecutor is the most powerful official in the criminal justice system.