Prosecutorial Discretion

• Early in the criminal justice process, the decision must be made whether or not to prosecute. The prosecutor has the sole authority to make this decision. Crime victims are not entitled to "press charges," and they do not have the authority to decline to prosecute a crime that they are willing to overlook (forgiven spousal abuse, for example). The prosecutor has an ethical obligation to exercise this discretion in the interests of justice and not to prosecute defendants whom she believes to be innocent. A defendant's first line of defense is often an attempt to persuade the prosecutor to drop charges.
  
  

Plea Bargaining

• A plea bargain agreement is a deal between the prosecutor and the defendant in which the prosecutor agrees to recommend that the judge reduce the charge to a less serious charge and impose a lighter sentence, and the defendant agrees to plead guilty to the lesser charge. A DUI defendant, for example, may agree to plead guilty to reckless driving and pay a fine instead of going to trial on DUI charges and risking jail time. The judge is under no obligation to accept the prosecutor's recommendation. Prosecutors are willing to bargain with defendants to reduce their caseloads, since no trial is necessary when the defendant pleads guilty. Prosecutors may also be willing to bargain if the evidence against the defendant is not strong enough to guarantee a conviction.
  
  

Verdict and Sentencing

• Every criminal defendant has the right to be tried by a jury. If the defendant does not demand a jury trial, the judge will determine the verdict. Although jury convictions are sometimes challenged on appeal, acquittals are very difficult to challenge and are rarely successful. The jury has the power to acquit a defendant whom they believe to be guilty in the interests of justice (this power is known as "jury nullification"). Juries are generally not told that they have this power to ensure that they use it only in extreme cases of injustice. Once a guilty verdict has been rendered, the defendant has no right to demand that the judge impose the sentence recommended by the jury--the judge is free to impose any sentence within the statutory range. Nevertheless, defendants often challenge sentences on appeal.