What is the most important factor in deciding whether to prosecute?

a) Most important factor in deciding whether to prosecute is not the prosecutor's belief in the guilt of the suspect, but whether there is sufficient evidence for conviction. If prosecutors have strong physical evidence and a number of reliable and believable witnesses, they are quite likely to prosecute.

What is the most important factor a prosecutor considers when deciding on a criminal prosecution?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

What is the most important factor in making a decision about whether or not to prosecute?

The proper decision in many cases will be to proceed with a prosecution if there is sufficient evidence available to justify it. Mitigating factors present in a particular case can be taken into account by the court in the event of a conviction.

What is the most important factor for deciding to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction. Most prosecutors have a screening process for deciding when to prosecute and when to "noll." Which of the following is a factor employed in this process?

What factors influence prosecutorial decision making?

Commencing a Prosecution: The CPS & Full Code Test

What two factors should prosecutors as officers of the court consider when deciding whether to prosecute a case?

Nature and Seriousness of Offense.

Thus, in determining whether a substantial federal interest exists that requires prosecution, the attorney for the government should consider the nature and seriousness of the offense involved.

What are 3 factors that courts use to make case decisions?

How do the police decide to prosecute?

The police are responsible for investigating crime. They will take statements and gather evidence about any possible offences. If they have evidence in relation to an identified suspect they will send a file to the Public Prosecution Service.

What two elements must be present to prosecute offenders?

Most crimes require that three essential elements be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements. Depending on the crime, there can also be a fourth element known as causation.

What is the most important part of a court decision?

The most important thing to remember is that the opinion written by the court - the part which actually constitutes the law- does not begin until the section marked "Opinion." Generally, the sections appearing before the "Opinion" are added by the publisher to aid in understanding the decision.

What two elements must be satisfied for the prosecution to prove a crime?

Basic Introduction. ⇒ A person cannot usually be found guilty of a criminal offence unless two elements are present: an actus reus, Latin for guilty act; and mens rea, Latin for guilty mind.

Who makes the decision about whether to prosecute or not when force has been used?

The decision is made by either the police themselves or the Crown Prosecution Service (CPS)1. The police will generally make the decision to charge where the offence is less serious – otherwise, they will refer the case to the CPS and ask them to make the decision.

What considerations influence the prosecutor's decision about whether to bring charges and what to charge?

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 is the most important factor a prosecutor considered when deciding on criminal prosecution quizlet?

Terms in this set (47) A victim's preference for a trial is among the most important factors that a prosecutor considers when deciding whether to offer a defendant a plea bargain.

Who decides whether a person is prosecuted?

The prosecution agency employs lawyers who use a two-part test to decide whether a person should be prosecuted: There must be sufficient evidence for a 'realistic prospect of conviction'. This means that it is more likely than not that the person will be convicted.

What is one of the most important components of a criminal investigation and prosecution?

Redactions and disclosures can both be crucial components of investigative case management and effective prosecution. After all, if a court orders a disclosure or redaction in preparation for trial and it's not honored, that could potentially be grounds for overturning a case.

What are the 3 elements a prosecutor must prove in every criminal case?

In general, every crime involves three elements: first, the act or conduct (actus reus); second, the individual's mental state at the time of the act (mens rea); and third, the causation between the act and the effect (typically either proximate causation or but-for causation).

What two things need to be proven to convict someone of a crime?

In order to convict an accused person the Crown Prosecutor must prove beyond a reasonable doubt that the accused person committed the criminal offence that they are charged with. To do this they must prove (1) that the person engaged in criminal behaviour and (2) that they had the state of mind required for that crime.

What are the main 3 factors of crime?

The Crime Triangle identifies three factors that create a criminal offense. Desire of a criminal to commit a crime; Target of the criminal's desire; and the Opportunity for the crime to be committed. You can break up the Crime Triangle by not giving the criminal the Opportunity.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

What is the first step in the prosecution process?

The first stage is the police investigation.

What is a reason a prosecutor should decline to prosecute a charge?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant.

What factors do judges consider when deciding on a sentence?

A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with ...

What factors must a judge consider when deciding upon a sentence?

Sentences must be fair and in proportion to the crime

The judge must respect the minimum and maximum sentences set out in the law. The sentence must also be in proportion to the offender's degree of responsibility. In other words, the judge will order a heavier sentence if the offender played a key role in the crime.

What factors influence court decisions?

Variables considered include demographic information on jurors, personal characteristics of trial participants, influence of trial publicity on jurors, juror satisfaction with the verdict, and dynamics of the deliberation process.