It is unethical for a prosecutor to file charges in cases where the prosecutor has insufficient evidence of guilty. A prosecutor deserves to have sufficient evidence, which justifies one to be guilty. This is because the evidence presented by a prosecutor acts as the main guiding factor towards criminal charges hearing. In addition, the same evidence facilitates in convincing defendants lawyers of a crime committed by the individual who is being charged. As such, evidence of a prosecutor indicates to a judge that a probable cause exists in violation of the law.
Factors considered in a decision to charge an individual with a criminal offence are determined by the existing penal code and prior convictions of an individual, if they exist. In addition, the judge may focus on considering mitigating or aggravating factors. Mitigating factors include a reputable employment record, a good history of the family, or benefits of an individual in a community. On the other hand, aggravating factors include matters such as the degree of sophistication of the committed crime or the nature of crime, which could be violent. As such, higher sophistication degrees and violent crime nature call for tougher sentences. Finally, the judge grants an individual with an opportunity to make a personal statement with regarded to charges presented before him or her. As such, the personal statement may determine what kind of sentence an individual will receive from a judge.
The mitigation factors should be excluded from the discretion. This is because a responsible individual in society will never engage in criminal acts, which have the impact of hurting the feelings of his or her immediate surrounding environment. As such, the law should not focus on mitigation factors when exercising judgment.
