Deciding Whether A Case Should Be Prosecuted Or Not

1254 words - 6 pages

When a prosecutor is deciding whether a case should be prosecuted in the courts and charges should be filed against someone, prosecutors consider two important questions: Is it in the best interest of the public to proceed? And, is there a strong reasonable likelihood that there will be a conviction? If the answer to both are yes, then there is the task of deciding whether there is enough evidence to prosecute the case and whether the evidence is reliable and can it be used in court. This means carefully assessing the quality of the evidence from all related witnesses before reaching a final decision.
Grand jury indictments will be presented by the prosecutors only when and if a criminal case has not been diverted, downgraded, or dismissed. In order to compose a Grand jury citizens are selected from tax lists drivers license and voters registrations. In order to formally charge a person accused of a crime a prosecutor’s evidence is evaluated by a Grand jury to determine if that evidence is enough to support the prosecutor’s decision. Many states utilize grand jury’s to proceed with criminal and federal investigations, these investigations play an important role in the criminal process working hand in hand with prosecutors to decide on whether the evidence that has been presented is enough to charge or indict a person. “Grand juries are typically made up of 16 to 23 people and every felony case must be indicted by a grand jury unless waived by the accused. The purpose of the grand jury is not to determine guilt or innocence, but to decide whether there is probable cause to prosecute someone for a felony crime. The grand jury operates in secrecy and the normal rules of evidence do not apply. The prosecutor runs the proceedings and no judge is present. A prosecutor will present the evidence in a felony case, and if the grand jury finds probable cause, an indictment is returned. But, if there is a lack of probable cause, the case is dismissed” (
Defense attorneys or defendants have the right to appear before the grand jury, when a Grand jury convenes to review a case the defense attorney does not have the option to present evidence or be present during the proceeding, however he or she is allowed to speak with witnesses outside the courtroom. Grand jury personnel, prosecutors, and witness transcripts cannot be obtained or revealed. For many years, it was thought to be “smart” that most lawyers avoided grand jury appearances because it increased the chance of unnecessary legal risks, including the possibility of the use of grand jury testimony to discredit the defendant's account of events at trial. Contrary to this practice, the state of New York has made an exception. “Current practice in the state of New York is that defense lawyers are allowing many suspects ranging from police officers to the most hardened of street criminals to testify before grand juries, resulting in much notable success”...

Find Another Essay On Deciding Whether a Case Should be Prosecuted or Not

Selective Services for the Next Generation-on whether women should be in the selective services or not...again

1257 words - 5 pages have him run and swoop you in his arms. One may have been the man who came back to find your sweetie in another man's arms. Whether one has lost someone or not, at a time of war everyone loses someone with its sorrow mutually felt across the country. Now, at this time there is the whole talk of women, and the selective service at times of draft. Views on this subject tend to sway with people feeling like women should have the chance to fight for

Should an athlete's gender determine whether or not they will be allowed to participate in any sport they choose?

1295 words - 5 pages Should an athlete's gender determine whether or not they will be allowed to participate in any sport they choose?Whenever the topic of letting women play sports with men comes up, there are always people who have their own distinct opinions of what should happen. It is almost like bringing up the topics of religion or politics within a large group. People's ideas on the subject might agree with a main view, but each person sees minor respects of

An Argument on whether or not The Handmaid's Tale by Margaret Atwood should be banned- Pro Dystopia

2835 words - 11 pages "resource" for the betterment of society or killed. In this case, Offred is sent to a school to be re-educated about her new life and the responsibilities that come with it. She is then sent to a house to be a handmaid whose only functions are to go to the market and buy the food daily and to, most importantly, produce children for the Commander and his wife whom she is staying with. So begins the story of the handmaid Offred with whom the reader

Genetically Engineered Foods: Friend or Foe, Debate on whether GEFs should be banned or not with solutions to todays food problem.

1334 words - 5 pages do not say much about the hazards of it. Genetically engineered food uses fewer pesticides, which helps the environment, but also does more damage to it. These foods have some benefits, but there are much more hazards than benefits. If genetically engineered food companies have a lot of technology, they should be able to make food that does not harm the environment and people. It would be better to grow crops the natural way than to risk thousands

Guns in America - History assignment about whether or not I believe the 2nd amendment should be modified due to changes in society over time.

909 words - 4 pages History assignment about whether or not I believe the 2nd amendment should be modified due to changes in society over time.----What is the purpose of semi-automatic weaponry? Sure, there are some used for hunting, like the semi-automatic hunting and target shotguns, but what are most used for, like handguns and pistols? They are for the sole purpose of killing people. Some like to have them for target shooting - but why? Can we afford to take

an opinion paper on whether or not we should return to the moon

673 words - 3 pages Opinion paper on returning to the moonOver the last three decades one of the most talked over and questioned subjects has been whether or not to return to the moon. Many people have the view of "been there, done that" when it comes to the moon, and believe that we should look ahead, not behind. However I think that returning to the moon still has many advantages to offer us.For example, it has now been discovered that there is a possibility of

A letter to King George III of England expressing whether or not he should allow the colonists to declare their independence from England.

744 words - 3 pages war debt, which you paid us pay for, we were not able to move to our new gained lands. To enforce the Proclamation of 1763, you sent dozens of soldiers to our colonies. We had to provide them with food, beer, a place to sleep, and transportation because you passed the Quartering Act. We cannot afford what your country should be paying for. Then you placed an excruciating act on us, The Coercive Acts. You closed down the port of Boston, put the

Strong Individualism vs. Strong Government This essay is about wither or not society should embrace altruism and whether its the governments place to do so or the individuals.

1499 words - 6 pages Society has gone through its ups and downs, but what is it that makes society turn for the better or worse? Many philosophers have explained what they think is wrong with society in their point in time and argued that it boils down to a reign of a strong government or a rise in the strength of individualism. Each author states their viewpoints of how the government should or should not intervene with society and if they believe that the strength

Deciding Whether to Build or Buy

1510 words - 6 pages trustworthy (Build Your Own PC). Note that the benefits do outweigh the negatives when it comes to building a computer so deciding whether to build or buy is a simple decision. While most computer users today invest in pre-built computers rather than taking the time and effort to custom build a computer, they are not fully aware of the many benefits available. When building a computer it saves the user time and money and gives way more

A GCSE Biology Case Study on Whether Cannabis Should be reclassified to a Class B Drug

2083 words - 8 pages A Biology Case Study on Whether Cannabis Should be reclassified to a Class B Drug Introduction: In this case study on cannabis, I am going to be exploring whether Cannabis, which is currently a Class C drug, should be reclassified to become a Class B drug. It is commonly thought that if Cannabis was reclassified, it would dissuade drug dealers and users from taking and selling the drug, as if caught with it a longer sentence and heavier fine

Abortion: should it be illegal or not?

920 words - 4 pages deciding on whether or not they should have abortion or not.Work Cited“Abortion.” Wikipedia Vers 06.7.6. Jul1997. Encyclopedia. 06 Jul. 2006 Roche, Natalie E. Home page. Therapeutic Abortion. 08 Mar. 2006< >Bankole ,Akinrinola, Susheela Singh and Taylor Haas. Reasons Why Women HaveInduced Abortions: Evidence from 27 Countries. September 1998.“Unsafe abortion.” Education for Choice. Vers05.05.06. June2005. Internet Resource. 11 Jan. 2006 Kennedy, Geraldine. “77% say limited abortion right should be provided.” IrishTimes Article 11 Dec. 1997. 7 Nov. 1997

Similar Essays

Is Telecommuting Really Worth The Hassle?/Challenges Business May Face When Deciding Whether Or Not Employees Should Telecommute

985 words - 4 pages to consult with coworkers for a few minutes here and there" (Steen). This brings me to a point. Clearly all jobs do not lend themselves to telecommuting such as jobs that involve face-to-face contact with customers or frequent meetings.I have discussed the three major challenges of telecommuting and how it may not always be the best option. If an employer or an employee is considering telecommuting, they need to look into these challenges and

Should Bicycle Riders Be Able To Choose Whether Or Not They Wear A Helmet? (Australia)

1053 words - 4 pages legislation for further study and analysis on its effectiveness. The effect, if any, of the legislation in reducing head injury risks is very indirect and hard to evaluate, as variables such as helmet use, helmet quality, reported accidents and bike usage must be taken into account.Bicycle riders should be able to choose whether or not they wear a helmet because of freedom, and because of the potential risk posed by rotational forces in a crash

Essay On "Les Miserables" By Victor Hugo And Whether Or Not It Should Be Included On A Summer Reading List

1204 words - 5 pages historical context without taking on the tone of a textbook. The only concern with the novel is its size, approximately 1500 pages unabridged. The abridged versions lose much of the detail and history while condensing the novel to about 300 pages (yeah, I read both).Bibliography:This was done a couple of years ago. It's sort of a persuasive writing projects on your opinion of a book of your choice and whether or not it should be included on a summer reading list for some AP english class or another. I think I used sparknotes and wikipedia as well as the novel itself as sources.

Differing Views On Whether Or Not English Should Be The Primary Language Of Africa

815 words - 3 pages different areas. English, in most nations, is only a second language and is not considered as the main tongue. Additionally, Frank does not support Africa to absorb English because of ethnic division. According to her, English should not be regarded as a “primary” language even in academic purpose. These two arguments are contradictory to each other, but DiReck provides information more persuasively. He emphasizes the points of economy and