How a Prosecutor Decides Whether to File Charges
A prosecutor's decision to file charges may be influenced by factors beyond the specific facts of the incident described in the police report. Some prosecution offices adopt policies on certain types of crimes, often in response to community pressure, and these policies may dictate the prosecutor's approach in any given case. For example, an office may decide that arrests for driving under the influence of drugs or alcohol will always be taken to trial and not "plea bargained" down to lesser offenses such as reckless driving.
Prosecutors may also be influenced by their own political ambitions. Most prosecutors are elected officials, and many of them view their position as a stepping-stone to higher office. Their decisions on charges are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted.
Finally, some decisions are influenced by the prosecutor's sense of what justice requires in the case before him. Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that occasionally a prosecutor 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. For example, if an otherwise law-abiding person makes a one-time, foolish mistake, a prosecutor may decide that it would not serve any purpose to spend time and money prosecuting this person, especially when the chances that the person will re-offend are nil.
How a Prosecutor Decides Whether to File Charges
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