CRM/LAW C7 Lecture 10: Crim Notes 10 p2
7 Feb 2017
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Document Summary
A prosecutor can choose to persecute a lot of people. Ha(cid:448)e ear(cid:374)ed the la(cid:271)el (cid:862)a(cid:373)eri(cid:272)as deadl(cid:455) da(cid:863) If a prosecutor has more discretion, that means someone has less (cid:862)sele(cid:272)ti(cid:448)e(cid:863) prose(cid:272)utio(cid:374): prose(cid:272)utor"s s(cid:272)ree(cid:374)s a(cid:374)d e(cid:448)aluates e(cid:448)ide(cid:374)(cid:272)e a(cid:374)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. File when likelihood is good; reject when conviction unlikely: legal factors: strength of evidence, seriousness of offence, bureaucratic factors: availability of resources, political factors: community support. Culpability of suspect. (were there witness, was there dna) 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. Are responsible for honest, impartial, and equitable administration of justice. Arbiters: safeguard rights of accused and interests of public.
