Prosecutorial Discretion

Prosecutorial Discretion

Prosecutorial Discretion Definition and Meaning in the U.S. Legal System

Prosecutorial discretion is related to the nearly absolute powers that, under the U.S. legal system, government prosecuting attorneys enjoy. A U.S. prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation. This discretion of the prosecuting attorney is called prosecutorial discretion.

However, actuations like making improper remarks or improperly introducing evidence designed to prejudice the jury: violating rules regarding selection of the jury; or making improper closing arguments can be named as Courtroom misconduct.

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