NCJ Number
101928
Journal
Criminal Law Review Dated: (March 1985) Pages: 115-122
Date Published
1985
Length
8 pages
Annotation
British police prosecutors should bring charges when they believe a person evidence might persuade a jury to convict.
Abstract
The current rule for prosecutors, as promulgated by the director of public prosecutions, is that there must be a reasonable prospect that a reasonable jury is more likely to convict than to acquit on the evidence before charges can be brought against a person. A slavish following of this rule is misconceived. The decision to bring charges should be tempered by considerations of humaneness and public opinion as well as of resources required to bring a charge. Prosecutors should be particularly aggressive in prosecuting public officers whom they believe to be guilty of corruption, fraud, or violence. Questionable eyewitness testimony and suspect admissions persuade juries to convict but are often unreliable indications of guilt. When the prosecutor doubts a suspect's guilt, charges should not be brought. 8 footnotes.