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“The grant of broad discretion to prosecutors is so deeply ingrained in American law that U.S. lawyers often assume that prosecutorial discretion is inevitable.
by kgwgk 7y ago
“The grant of broad discretion to prosecutors is so deeply ingrained in American law that U.S. lawyers often assume that prosecutorial discretion is inevitable. In fact, some countries in Europe and Latin America adhere to the opposite principle of "mandatory prosecution," maintaining, at least in principle, that prosecutors have a duty to bring any charge that is supported by evidence developed by the police or presented by citizens.”
https://law.jrank.org/pages/1870/Prosecution-Prosecutorial-Discretion.html https://law.jrank.org/pages/1870/Prosecution-Prosecutorial-D...
“The legality principle commands that every case in which there is enough evidence and in which no legal hindrances prohibit prosecution has to be brought to court. Adherence to the legality principle in the procedural sense means that the prosecution service cannot exercise any discretion over the prosecutorial decision. Its role is limited to the legal assessment of the sufficiency of the evidence against the suspect. Other considerations – what are known as public interest factors in opportunity systems – are not considered as factors that prosecutors are allowed to deploy in their decisions. Rather, the public interest is regarded as a consideration for the court which might be reflected in the verdict or the penalty imposed.”
http://www.law.gov.cy/law/lawoffice.nsf/0/A5FCDD28D5A9112CC225744200302F80/$file/Comparative%20Analysis%20of%20Prosecution%20Systems%20-%20Part%20II%20-%20The%20Role%20of%20Prosecution%20Services%20in%20Investigation%20and%20Prosecution%20Principles%20and%20Policies.doc http://www.law.gov.cy/law/lawoffice.nsf/0/A5FCDD28D5A9112CC2...