Explain the three key factors that drive a prosecutor’s office in determining which cases to prosecute.

Question

What will be an ideal response?

Answer 1

The first is the seriousness and nature of the offense. While this would seem to be a straightforward
consideration, it can be quite complex and controversial. Trying to measure the comparative seriousness
of different crimes is not an easy task. Though offenses that cause real harm to a person are often given
priority, some nonviolent crimes, such as child pornography or large-scale narcotics distribution, may be
considered to cause more harm to society than an isolated act of violence. In such cases, the nonviolent
offenses may be prosecuted more readily than the crime of violence. A second factor that is considered in
charging decisions is an offender’s culpability. Crimes in which the offender acted intentionally or
maliciously are more likely to be prosecuted than crimes resulting from a negligent or reckless act.
Another aspect of culpability involves whether the offender has a prior criminal history. This third factor,
the likelihood of being able to obtain a conviction at trial, has been repeatedly shown by research to be a
critical factor in charging decisions (Albonetti, 1987; Frohmann, 1997). Members of the courtroom
workgroup—the prosecutor, defense attorney, and judge—have the common goal of avoiding uncertainty.
The most frequent and efficient way to decrease uncertainty from a prosecutor’s perspective is to refrain
from filing charges in cases where a conviction may be difficult to obtain. In making these assessments,
prosecutors consider the amount and quality of evidence against the offender.