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Prosecutorial discretion [18] grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. [19] The prosecution bears the burden of proof and is required to prove its case beyond a reasonable doubt .
The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law. This concept is closely related to prosecutorial discretion .
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.
The courtroom workgroup is a mechanism for prosecutorial discretion. Various techniques are used to convince the defendant that the evidence against him or her is overwhelming. Various techniques are used to convince the defendant that the evidence against him or her is overwhelming.
[4] Therefore, the defendant must present "clear evidence to the contrary", [4] which demonstrates "the federal prosecutorial policy 'had a discriminatory effect and that it was motivated by a discriminatory purpose.'" [5] Selective prosecution has been raised as a possible defense in the election obstruction case of Donald Trump. [6]
1985 United States Supreme Court case Heckler v. Chaney Supreme Court of the United States Argued December 3, 1984 Decided March 20, 1985 Full case name Margaret M. Heckler, Secretary of Health and Human Services v. Larry Leon Chaney, et al. Citations 470 U.S. 821 (more) 105 S. Ct. 1649; 84 L. Ed. 2d 714; 1985 U.S. LEXIS 78; 53 U.S.L.W. 4385; 15 ELR 20335 Case history Prior Certiorari to the ...
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings , such as whether evidence is excluded at a trial , may be exercised by a judge . The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed.
Those that support DACA claim that the government does not have the resources to target all undocumented immigrants and that the policy thus helps federal agencies in exerting prosecutorial discretion—that is, in enforcing the law selectively by focusing limited resources on criminal immigrants rather than on non-criminal ones such as those ...