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Deciding Whether a Case Should be Prosecuted or Not

2023-09-14 15:23:09

If the public prosecutor raises the case in the court and decides whether to prosecute, the prosecutor considers two important issues. And is there a possibility of a rational conviction? If the answer to both is positive, it has the power to decide whether there is sufficient evidence to prosecute the case, and whether the evidence is reliable and can be used in the court. This means carefully evaluating the quality of the evidence of all relevant witnesses before making final decisions.

Prosecutors are the agencies responsible for deciding whether cases raised by the police should be prosecuted in court. In doing so, the CPS must decide whether it is a prospect of real conviction and whether prosecution is due to public benefit. The survey shows that CPS is likely to reduce litigation against ethnic minorities. Bowling and Phillips (2002) is thought to be due to the fact that the evidence provided to the CPS by the police is often weak and based on the stereotypes of ethnic minority being criminals

Our country has 2,400 election prosecutors. Thousands of people do not pass every year, but millions of people are passing through 2,400 officials. Not only do these elected prosecutors determine whether to prosecute violent or fraudulent police but also decide how to deal seriously with these incidents and determine how many staff are prosecuting To do. These prosecutors account for 95% of whites and 81% of men, of which only 1% are colored women. As you can imagine, they are absolutely conservative. Hundreds of them are useful for informal lifetime appointments as they are basically sentenced to life imprisonment after school term. Some prosecutors have been working for more than 30 years.

Who decides whether the prosecutor belongs to that system? The prosecutor is the official who is responsible for enforcing the criminal law and putting the criminal on trial. Whether they are government officials, part of an independent judiciary, or a semi-autonomous prosecutor's employee, they should always maintain some degree of independence. In short, they should be able to freely apply the law and its judgment to the facts of the case without being inadvertently influenced by the government.

Unlike the Civil Code, the Penal Code is a legal system that includes criminal penalties. Therefore, in a civil lawsuit, two people object to rights, criminal prosecution involves the government deciding whether to punish individuals by acts or omissions. Each state decided to prescribe criminal acts. Therefore, each province has its own criminal law. Parliament also punished certain acts and elected to codify the federal penal code of section 18 of United States Code. The provincial and federal penal code varies. Some regulations are similar to the common law criminal law, but other regulations such as the "New York Criminal Law" strictly imitate "criminal law" (MPC).