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Scholarly study of prosecutorial discretion in the US has reported a wide variance among prosecutors' responses to the same potential scenario. The scholars who conducted the study reported observing prosecutors who appeared to be motivated to do justice but who lacked guidelines and supervision.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
In the United States, the principle of discretion grants public prosecutors and police significant latitude in deciding whether to charge someone with a crime and which charges to file. Therefore, the mere fact that a law is selectively enforced against one person and not against another, absent bias or pattern of enforcement against a ...
Ethics and Criminal Practice columnist Joel Cohen discusses prosecutorial discretion in relation to the Jeffrey Epstein case, the Mueller Investigation, and the Jussie Smollett case, and writes ...
The court unanimously ruled against the inmates due to prosecutorial discretion, but left open the possibility that prosecution could be compelled in another situation. The court also noted that the case had more merit than other similar cases, including the recent Supreme Court decision in Linda R. S. v. Richard D.
The Center analyzes important issues in criminal law or having implications for the administration of criminal law. In particular, the Center focuses on the exercise of power and discretion by prosecutors. The Center accomplishes its mission in three areas: academia, litigation, and participating in public policy and media debates.
Heckler v. Chaney, 470 U.S. 821 (1985), is a decision of the Supreme Court of the United States which held that a federal agency's decision to not take an enforcement action is presumptively unreviewable by the courts under section 701(a)(2) of the Administrative Procedure Act (APA).
A Georgia judge has denied a preliminary challenge to block a commission created to discipline and remove state prosecutors, finding that it doesn't violate the U.S. or state constitution. Fulton ...