The main work of the prosecutorial system is impeaching and executing criminal penalties so as to ensure the rights of citizens in a nation are respected. It is therefore upon the prosecutor in any prosecutorial system to decide on which cases to be taken to court for adjudication and which ones should be solved out of court. However the amount freedom that prosecutor has differs from country to country. For instance the America law give the prosecutor almost unlimited diplomacy, whereas in most European nations they are considerably granted less liberal.
The prosecutors are expected to independently assess factual conditions of any case and the available evidence before making decisions on how to go about the case. Additionally their discretion should not only be based on the sufficiency of evidence but should also put into account policies. However despite decision making in most cases being influenced by rules, quite a number or prosecutors argue that availability of resources had an impact to on the cases.
Unavailability of resources outside the prosecutor’s office acts as a constraint in their decision making. Accessing courtrooms being restricted limits the prosecutors from taking cases for trial, and at times this might lead to their pre-mature dismissal. Hence insufficient court resources is the main reason as to why prosecutors opt to dispose a case in a manner they would have not if they had enough resources at their disposal.
In conclusion, having sufficient evidence might be enough for the prosecutor to prove a case. To obtain such evidence time and resources must be employed. Resources are essential in tracking down all the witnesses and information that might be helpful in the case. Also lack of enough support staff will hinder the prosecutor from preparing a case for trial.
Free Plea Bargaining Critical Thinking Example
Type of paper: Critical Thinking
Topic: Criminal Justice, Prosecutor, Resources, Case, Evidence, Cases, Crime, Court
Pages: 1
Words: 300
Published: 03/30/2023
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