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Principle in numerous legal systems
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime
Prosecutorial_discretion
Power to act on one's own authority
managing the conduct of attorneys and spectators in the courtroom. Prosecutorial discretion is the authority held by the prosecution to decide whether to bring
Discretion
Power to choose whether or how to punish a person who has violated the law
threat to the rule of law. This concept is closely related to prosecutorial discretion. There is a divide between countries where prosecutions are inherently
Selective_enforcement
American attorney and prosecutor in Indiana
with expungements and driver's-license reinstatement. His use of prosecutorial discretion has resulted in disagreements with state legislators and the police
Ryan_Mears
Violation of due process in US law
Prosecutorial vindictiveness occurs when a prosecutor retaliates against a defendant for exercising a constitutional or statutory right by increasing
Prosecutorial_vindictiveness
Agency responsible for immigration enforcement in the interior of the United States
on prosecutorial discretion that would subsequently be widely referred to as the "Morton memo," "2011 Morton memo," and "prosecutorial discretion memo
Priority_Enforcement_Program
Part of French criminal law
case and instead to dismiss the charges [fr]. This principle of prosecutorial discretion in France is more similar to what is seen in common law countries
French_criminal_procedure
Legal term
"to be unwilling to pursue". It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending
Nolle_prosequi
Legal profession
finding of prosecutorial misconduct, although a 2013 investigation found that actual discipline for prosecutorial misconduct was lacking. Prosecutors are also
Prosecutor
Form of total legal immunity for government officials
First Circuit held in a 2019 decision that a prosecutor is not entitled to absolute prosecutorial discretion when performing purely administrative functions
Absolute_immunity
Brazilian government organization
The Public Prosecutor's Office (Portuguese: Ministério Público, lit. "Public Ministry", often abbreviated "MP") is the Brazilian body of independent public
Public Prosecutor's Office (Brazil)
Public_Prosecutor's_Office_(Brazil)
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Crime_in_France
American court case
[Kerr's] descriptions of the facts [and of] the issues surrounding prosecutorial discretion ... he tends ... to minimize or ignore facts that might put [Swartz]
United_States_v._Swartz
Criminal code of Singapore
Attorney-General of Singapore's role as the Public Prosecutor is done by the AGC's Crime Division. Prosecutorial discretion grants AGC the power to institute, conduct
Penal_Code_(Singapore)
United States immigration policy that protects certain undocumented immigrants
memorandum from the Secretary of Homeland Security titled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children"
Deferred Action for Childhood Arrivals
Deferred_Action_for_Childhood_Arrivals
Aspect of French law
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Murder_in_French_law
not constitute administrative action under PAJA, the exercise of prosecutorial discretion by the National Prosecuting Authority is subject to review under
Judicial review in South Africa
Judicial_review_in_South_Africa
American lawyer and politician
Supreme Court to find that the judges were encroaching on her prosecutorial discretion, but the case was rejected in December 2020 on procedural grounds
Parisa_Dehghani-Tafti
Napoleonic-era French penal code
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
French_Penal_Code_of_1810
US law delaying deportation for undocumented immigrants
permanent resident children. Wadhia, Shoba S. (2010). "The role of prosecutorial discretion in immigration law". Connecticut Public Interest Law Journal. 9:
Deferred_action
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Legal_history_of_France
1985 United States Supreme Court case
comparison to prosecutorial discretion, asserting that there are limits on its reach and that enforcement decisions, unlike prosecutorial decisions, deal
Heckler_v._Chaney
American lawyer
not prosecute abortion laws under Texas statutes. The law limits prosecutorial discretion. On April 8, 2024, a Travis County resident petitioned for Garza
José_Garza
Legal situation
usually takes into account age and severity of offense Prosecutorial Discretion: Prosecutors have the authority to file cases in juvenile court or criminal
Trial_as_an_adult
British convicted sex offender (1986–2019)
codifying the investigative powers of the Royal Malaysian Police and prosecutorial discretion for these crimes.[citation needed] While the media in the UK were
Richard_Huckle
Highest judicial court in France
chambers, a commerce chamber, a labour chamber, a criminal chamber, a prosecutorial service and various other bodies. The Court usually rules in panels
Court_of_Cassation_(France)
Public prosecutor and legal advisor to the government of Singapore
attorney-general's role as the public prosecutor is performed by the AGC's Crime Division. Prosecutorial discretion grants the attorney-general the power
Attorney-General_of_Singapore
Process of expelling foreigners from the United States
its enforcement strategy. Trump ended the Obama-era policy of prosecutorial discretion, making all undocumented immigrants a priority for removal. At
Deportation from the United States
Deportation_from_the_United_States
American politician and former attorney (born 1950)
In this document, it accused Nifong of a "systematic abuse of prosecutorial discretion ... prejudicial to the administration of justice" when he withheld
Mike_Nifong
American lawyer (born 1961)
federal prosecutor appointed by Donald Trump. McSwain, U.S. Attorney for the Eastern District of Pennsylvania, blamed the shooting on a prosecutorial discretion
Larry_Krasner
Type of criminal court in France
shares some but not all characteristics of the prosecutor in common law jurisdictions. In France the Prosecutor#France is considered a magistrate, for one
Cour_d'assises
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of
Judicial_discretion
Case before the Supreme Court of the United States
principle because, it contended, the choice of forum is unreviewable prosecutorial discretion under Heckler v. Chaney. Finally, ALJs are considered inferior
SEC_v._Jarkesy
American businessman (born 1958)
false and that the investigation was "a product of gross abuse of prosecutorial discretion". DealBook, a section of The New York Times, reported through an
Mark_Cuban
depending on the egregiousness of the offense and in deference to prosecutorial discretion. Innocent infringers are those who are “not aware and had no reason
Criminal copyright law in the United States
Criminal_copyright_law_in_the_United_States
American computer programmer and activist (1986–2013)
use of prosecutorial discretion". In response, Stinebrickner-Kauffman issued a statement repeating and amplifying her claims of prosecutorial misconduct
Aaron_Swartz
capital offense". legis.state.tx.us. Retrieved March 24, 2016. "Prosecutorial Discretion | Capital Punishment in Context". capitalpunishmentincontext.org
Capital_punishment_in_Texas
American attorney, professor, and politician
of the United States Eric Holder, helping create guidelines on prosecutorial discretion on indictments and sentencing recommendations. Farhadian Weinstein
Tali_Farhadian_Weinstein
Brazilian criminal code
Actions Appeal [pt] Complaint [pt] Police custody [pt] Prosecution Prosecutorial discretion Police inquiry Judicial investigation [pt] Indictment [pt] Warrant [pt]
Penal_Code_of_Brazil
proceedings. The policy expands the Department of Homeland Security's prosecutorial discretion policy, focusing finite resources on criminals and other threats
Immigration reform in the United States
Immigration_reform_in_the_United_States
American attorney and college instructor
before the Senate Judiciary Committee, terming it "a good use of prosecutorial discretion." In January 2015, two years after Swartz's death, the White House
Carmen_Ortiz
Retrieved 4 October 2018. "Section 377A: Public Prosecutor retains 'full prosecutorial discretion', says Attorney-General". Channel NewsAsia. Singapore
LGBTQ_rights_in_Singapore
French judicial decision
results from a decision by the prosecutor's office not to prosecute a case based on the principle of prosecutorial discretion. A non-lieu decision is provided
Non-lieu
French army police force during the Ancien Regime
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Maréchaussée
American lawyer and politician (born 1973)
incident described Alba's actions as self defense. Bragg, in his prosecutorial discretion, charged Alba with murder and requested bail at $500,000. The judge
Alvin_Bragg
become a more mainstream path to clearing the prosecutorial docket. In 1994, only 10% of prosecutorial decisions resulted in an alternative sentence,
French_criminal_law
2019 political controversy in Canada
offer a DPA is within the discretion of the prosecutor. As part of the ruling, the court reaffirmed the principle of prosecutorial independence, and SNC-Lavalin's
SNC-Lavalin_affair
High Court stated that these two provisions expressly separate the prosecutorial function from the judicial function, and that they are coequal. As such
Separation of powers in Singapore
Separation_of_powers_in_Singapore
Process by which a record of criminal conviction is destroyed or sealed
2010). "WOBBLERS & CRIMINAL JUSTICE IN CALIFORNIA: A STUDY INTO PROSECUTORIAL DISCRETION" (PDF). stage-ips.stanford.edu. Archived from the original (PDF)
Expungement
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Les_cinq_codes
American labor union representing air traffic controllers
Labor Relations Authority (FLRA), a political appointee, used her prosecutorial discretion to dismiss all charges filed by NATCA. The United States Court
National Air Traffic Controllers Association
National_Air_Traffic_Controllers_Association
American judge (born 1947)
reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority." The decision
Emmet_G._Sullivan
French Revolution-era penal code
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
French_Penal_Code_of_1791
American lawyer
Committee, Attorney General Eric Holder called the case "a good use of prosecutorial discretion." "Serial arsonist sentenced to 15 years". U.S. Attorney’s Office
Stephen_Heymann
Legal concept
wrote that jury nullification is parallel with the doctrine of prosecutorial discretion. The late Chief Justice of the Washington State Supreme Court William
Jury nullification in the United States
Jury_nullification_in_the_United_States
Legal rights afforded to victims of crime
of law. Others have criticised victims' rights for impinging on prosecutorial discretion. Victims' rights have also been criticised for shifting the focus
Victims'_rights
judiciaire. opportunité des poursuites Prosecutorial discretion. The right of the § procureur Public Prosecutor's Office, when a criminal offense is reported
Glossary of French criminal law
Glossary_of_French_criminal_law
American cannabis rights activist
Andrew J. LeVay (May 2000), "Urgent Compassion: Medical Marijuana, Prosecutorial Discretion and the Medical Necessity Defense" (PDF), Boston College Law Review
Robert_C._Randall
American lawyer
leave of absence as of 2023. Her research focuses on the role of prosecutorial discretion in immigration law and the intersections of race, national security
Shoba_Sivaprasad_Wadhia
Way to avoid prosecution
Canada began in February 2016. Prior to the DPA, Canada already had prosecutorial discretion in place, which "made it possible for offending companies to negotiate
Deferred_prosecution
Rules for sentencing convicts in the U.S. federal courts system
greatly increased prosecutorial discretion and influence by limiting judges' power to depart from the guidelines and granting prosecutors greater power over
United States Federal Sentencing Guidelines
United_States_Federal_Sentencing_Guidelines
Law or rule that is not enforced
the law itself, and choose to exercise selective enforcement or prosecutorial discretion against it. A law may be unenforced because the law is regarded
Unenforced_law
Legal requirements to be satisfied to bring cases to the High Court
all powers have legal limits, the Attorney-General's exercise of prosecutorial discretion and the power to pardon or grant clemency to convicted persons
Threshold issues in Singapore administrative law
Threshold_issues_in_Singapore_administrative_law
American lawyer (1933–2024)
this remedy in the law, later referred to as Deferred Action or Prosecutorial discretion. This program allows law-abiding individuals to remain in the United
Leon_Wildes
American judge (born 1973)
discriminate against disfavored viewpoints under the cover of prosecutorial discretion. Neutral regulations may reasonably limit the time, place, and
Neomi_Rao
Public prosecutor in Scotland
"the use of prosecutorial discretion should be exercised independently and be free from political interference" and requires prosecutors to "perform their
Procurator_fiscal
Interpretation of the US Constitution regarding presidential power
the Justice Department's anti-corruption efforts and norms of prosecutorial discretion. While perhaps suitable for the more limited federal government
Unitary_executive_theory
Division of judicial power in France
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Jurisdictional dualism in France
Jurisdictional_dualism_in_France
Political situation in which everyone is subject to the law
degree of judicial discretion, and the executive branch also has various discretionary powers including prosecutorial discretion and executive privilege
Rule_of_law
Lowest-level offense in French criminal law
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Contravention in French criminal law
Contravention_in_French_criminal_law
Criminal justice system
many cases, the exercise of prosecutorial discretion. A 2016 New York Times investigation revealed that some prosecutors charged substantial fees for
Diversion_program
United States federal district court
crimes but also crimes that would normally be left to the state prosecutor's discretion. The District Court has the largest U.S. Attorney's Office in the
United States District Court for the District of Columbia
United_States_District_Court_for_the_District_of_Columbia
Principle requiring prosecutors to file charges when evidence is sufficient
from the prosecutor to the judge is accurate and/or when the cost of litigation incurred by the prosecutor is large." Prosecutorial discretion Public prosecutor
Compulsory_prosecution
American lawyer and politician (born 1970)
rolled out prosecutorial discretion to Assistant Prosecutors, established the Trafficking Unit and the Hate Crimes Unit, re-engaged the Prosecutor's Office
Karen_McDonald_(politician)
Notice recommending criminal investigation
Criminal Referrals in the Federal System: An Empirical Study of Prosecutorial Discretion". Stanford Law Review. 24 (6): 1036–1091. doi:10.2307/1227884.
Criminal_referral
The Journal of Sex Research (2017): 1-15. Parra, Diana Carave. Prosecutorial Discretion and Punishment Motives in Ambiguous Juvenile Sex Offense Cases
Sexuality in the United States
Sexuality_in_the_United_States
2024 federal criminal trial
permanently dismiss the indictment against all defendants, citing its prosecutorial discretion, challenges with evidence and jurisdiction, the largely foreign
Indictment against Gautam Adani et al.
Indictment_against_Gautam_Adani_et_al.
American politician (born 1957)
the so-called DREAM Act population, or DREAMers, Napolitano used prosecutorial discretion to create the Deferred Action for Childhood Arrivals program (DACA)
Janet_Napolitano
Planned United States immigration policy for certain undocumented immigrants
deferred action. Judge Carolyn Dineen King dissented, arguing that prosecutorial discretion makes the case non-justiciable, and that there had been "no justification"
Deferred Action for Parents of Americans
Deferred_Action_for_Parents_of_Americans
2006 criminal case in Durham, North Carolina, United States
round of ethics charges against Nifong for a systematic abuse of prosecutorial discretion that was prejudicial to the administration of justice by his withheld
Duke_lacrosse_rape_hoax
Chief legal adviser to the government of Hong Kong
constitutional duty independently, and has ultimate prosecutorial discretion. However, this discretion is typically exercised by the Director of Public Prosecutions
Secretary_for_Justice
Actions Appeal [pt] Complaint [pt] Police custody [pt] Prosecution Prosecutorial discretion Police inquiry Judicial investigation [pt] Indictment [pt] Warrant [pt]
Murder_in_Brazilian_law
Laws governing police and courts in French criminal cases
response to offenses and offenders". It guides the behavior of police, prosecutors, and judges in dealing with a possible crime. The current code was established
French code of criminal procedure
French_code_of_criminal_procedure
Medically induced suicide with help from another person
liberty, And, while not a legally enforceable document, urges prosecutorial discretion by the Cochise County Attorney in de-prioritizing cases involving
Assisted suicide in the United States
Assisted_suicide_in_the_United_States
Overview of France's court system
dose of assessment of efficiency. In France, career judges and public prosecutors are considered civil servants exercising one of the sovereign powers
Judiciary_of_France
American law professor
thought. Instead, he argues that rising violent crime rates and prosecutorial discretion were major factors in the rise in America's incarceration rate
John_Pfaff
Prosecuting authority in Indiana, US
executive structure. The office has drawn attention over the scope of prosecutorial discretion, relationships with police and the courts, implementation of Indiana's
Marion County Prosecutor's Office
Marion_County_Prosecutor's_Office
Criminal case in U.S. courts
reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority." In dissenting
Trial_of_Michael_Flynn
2014 United States Supreme Court case
2025. Retrieved April 14, 2026. Re, Richard (June 2, 2014). "Prosecutorial Discretion in Bond". Re's Judicata. Archived from the original on February
Bond_v._United_States_(2014)
Period of the Government of Canada from 2015 to 2025
government to seek to politically interfere in the exercise of prosecutorial discretion in my role as the attorney general of Canada in an inappropriate
Premiership_of_Justin_Trudeau
also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period
List of United States immigration and nationality laws
List_of_United_States_immigration_and_nationality_laws
2015 United States Supreme Court case
Ct. at 2761 (Breyer, J., dissenting) citing Greg Goelzhauser, Prosecutorial Discretion Under Resource Constraints: Budget Allocations and Local Death-Charging
Glossip_v._Gross
Police responsible for criminal investigations
Complaint [fr] Police custody [fr] Police investigation [fr] Prosecution Prosecutorial discretion Criminalization [fr] Qualification [fr] Judicial investigation [fr]
Judicial_police_(France)
Punishment policy with no discretion for leniency
that they have violated the rule are to be identified) Lack of prosecutorial discretion (for every plausibly accused person, it is determined whether the
Zero_tolerance
Branch of philosophy
structure of civil disobedience, and discussing the bounds of prosecutorial discretion in domestic violence cases. Dempsey and Lister (2016) identify
Applied_philosophy
American political strategy
coordination. In November 2022, the FEC dismissed the complaints using prosecutorial discretion. In August 2022, The Philadelphia Inquirer reported that the Philadelphia
Red-boxing
American legal scholar (born 1960)
Circuit June 18, 2013). Eastman, John C. (December 10, 2014). "'Prosecutorial Discretion' Does Not Allow the President to 'Change the Law'" (PDF). Senate
John_Eastman
American legislative proposal on immigration
Security Janet Napolitano on June 15, 2012, entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
DREAM_Act
Singaporean lawyer (1969–2025)
the reviewability of the clemency process and the exercise of prosecutorial discretion. After six years of hearings, the Singapore government made changes
M._Ravi
similar functions and powers of those held by instruction magistrates or prosecutors in other legal systems. For that reason, those police commissioners are
Law_enforcement_in_Brazil
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PROSECUTORIAL DISCRETION
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