Through the use of examples, discuss the factors affecting the prosecutor's discretionary decision-making process

What will be an ideal response?


There are three main types of factors that influence prosecutorial discretion: legal, extralegal, and resource issues. Legal issues include characteristics of the justice system, crime, the criminal, and the victim as well as the quality of police work and the amount and relevance of the evidence. In addition, seriousness of the crime influences discretion. Extralegal factors include the offender's race, gender, or ethnic background. As pure opinion, it has been said that the better the quality of the legal representation of the defendant, the lesser the sanction. Finally, resource issues may include the fact that prosecutors are politicians, and a loss in a key case may hinder their reelection and future political aspirations.

Criminal Justice

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