What are the ethical obligations of a prosecutor?
The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.
Why do prosecutors sometimes choose not to prosecute criminal cases?
Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor’s personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant’s guilt beyond a reasonable doubt.
What is it called when a prosecutor decides not to prosecute?
They have what is called “prosecutorial discretion.” Prosecutors can look at all the circumstances of a case, including the suspect’s past criminal record, in deciding whether and what to charge.
Why do prosecutors sometimes choose not to prosecute criminal cases quizlet?
– There is sufficient evidence to support a guilty verdict. (Ch 8) Why do prosecutors sometimes choose not to prosecute criminal cases? – belief that an offense did not cause sufficient harm.
What factors do prosecutors consider in making a charging decision?
21Prosecutors may legitimately consider any number of factors in making charging and plea-bargaining decisions. These factors include the strength of the evidence, the likelihood of conviction, the interest of the victim in prosecution, and the cost and complexity of the prosecution and trial17.
What are the key relationships of the prosecutor?
To be successful, prosecutors must have the cooperation of the police, judges, victims, and witnesses. These actors in criminal justice, in turn, depend on prosecutors.
When a jury is unable to reach a unanimous verdict?
If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not decided, and it may be tried again at a later date before a new jury. Or the plaintiff or government may decide not to pursue the case further and there will be no subsequent trial.
What happens if one juror says not guilty?
If even one disagrees on a verdict, guilty or not guilty, the jury foreperson (elected from among the jury members) informs the judge that the jury is deadlocked and the judge will either give them more time or he will declare a mistrial.
What happens if a jury isn’t unanimous?
If the jury cannot reach a unanimous verdict either way, it is a mistrial. The prosecution can retry the case if they so choose. If the split is bad for them (such as 11 for not guilty and only one for guilty), the judge may decide that there is insufficient…
Is the jury’s verdict final?
In U.S. legal nomenclature, the verdict is the finding of the jury on the questions of fact submitted to it. Once the court (the judge) receives the verdict, the judge enters judgment on the verdict. The judgment of the court is the final order in the case.
Who decides verdict jury or judge?
In federal court, the jury decides the verdict. It’s the judge’s job to act as referee, ruling on issues of law before and during the trial. Federal judges keep up to date on many laws and rules such as: Federal Laws.
What is better trial by judge or jury?
Jury trials tend to last longer than non-jury trials, thus raising legal costs. Judges tend to be stricter on legal technicalities and procedures during a jury trial than a non-jury trial.
What happens if the judge disagrees with the jury?
JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. If the judge grants a motion to set aside judgment after the jury convicts, however, the action may be reversed on appeal by the prosecution.
Can a judge dismiss a jury verdict?
A judgment notwithstanding the verdict (or JNOV) is an order by a judge after a jury has returned its verdict. The judge can overturn the jury’s verdict if he or she feels it cannot reasonably be supported by the evidence or if it contradicts itself.
Can a judge overturn a decision?
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
Why does the judge look at the verdict first?
Because of the possibility of misunderstandings, the court will proofread the verdict before the jury foreman reads it aloud to prevent any appellate issues with the judgment or sentence rendered by the jury. The verdict sheet must be filled out as instructed and signed by the foreman.
What happens after a not guilty verdict?
An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried. Since the 1824 case of United States v.