Prosecutors sometimes choose not to charge or prosecute criminal cases for several reasons. Thirteen reasons are given in your textbook. State five of them.

Question

What will be an ideal response?

Answer 1

Answers can include any of the following:

Prosecutors are not supposed to charge suspects with more criminal charges or for more serious crimes than can be reasonably supported by evidence.
Prosecutors are not supposed to prosecute simply because an aroused public demands it.
Prosecutors are not supposed to be influenced by the personal or political advantages or disadvantages that might be involved in prosecuting or not prosecuting a case.
Prosecutors are not supposed to be swayed by their desire to enhance their records of successful convictions.
Prosecutors may choose not to charge or prosecute if they believe that an offense did not cause sufficient harm.
In today's legal climate of increasingly harsh sentencing laws, a prosecutor may feel that the statutory punishment for a crime is too severe for a particular offender (for example, a first-time offender) or for a particular offense.
Another reason for not prosecuting is an improper motive on the part of a complainant.
Prosecutors sometimes choose not to prosecute a case because the public has violated the particular law with impunity for a long time with few complaints.
Prosecutors often choose not to prosecute a case even when, ideally, prosecution is required because a victim may refuse to testify.
Another reason for not prosecuting is humanitarian concerns for the welfare of the victim or the offender.
Prosecutors sometimes do not prosecute a case otherwise worthy of prosecution because the accused person cooperates in the apprehension or conviction of other criminal offenders.
Prosecutors sometimes choose not to prosecute because the accused is wanted for prosecution of a more serious crime in another jurisdiction.
If an offender is on parole when he or she commits a new crime, prosecutors may not prosecute the new crime because they consider it more cost-effective to simply have the parole revoked and send the offender back to prison.