Friday, November 28, 2008

Elsie Law's Daily Dose Of The Law

"Though prosecutors technically have powerful discretion in their charging decisions, political realities are such that they often don't use it. Instead, if the police say charges should be brought, prosecutors charge. For a number of reasons, many prosecutors view their role as house counsel for the local police department. One reason is that prosecutors would be out of business without police. A second is that every time a prosecutor decides not to file charges, the prosecutor is implicitly, if not directly snubbing the arresting officer. The prosecutor is saying to the officer in effect, 'You didn't have enough evidence to make this arrest,' or 'You didn't follow correct procedures'- at least, that's what the officer often hears. Rather than have to play this role with the police, a prosecutor may go along with the officer's assessment and let the court and the defense worry about preventing any resulting injustice." -From, "The Criminal Law Handbook" By: Bergman & Berman-Barrett

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