Sentences with phrase «of prosecutorial discretion»

It applies prospectively to the exercise of prosecutorial discretion in future cases and does not provide defendants or subjects of enforcement action with a basis for reconsideration of any pending civil action or criminal prosecution.

These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence - specific charging guidelines, and the exercise of judicial discretion in sentencing.

A prosecutor can decide as a matter of prosecutorial discretion not to press charges in stale cases even if the prosecutor has the legal authority to do so.

Then there is the perennial issue of prosecutorial discretion.

«The power of the prosecutor to stay public or private prosecutions under s. 579 of the Criminal Code has been described by the Supreme Court as one of the five «core elements of prosecutorial discretion» [Krieger v. Law Society (Alberta) 2002 SCC 65 at para. 46] that relate to whether a prosecution will be brought and what form a prosecution will take.

A multitude of factors may be considered by the District Attorney in his exercise of prosecutorial discretion regarding whether or not to pursue charges in this matter.»

The executive has a certain amount of prosecutorial discretion (see, for example, Obama's policy on marijuana).

Note that this exceeds the normal definition of prosecutorial discretion.

Question: What records must charter schools provide to help current and former students meet the requirements of President Obama's June 15, 2012 executive order regarding the execution of prosecutorial discretion with respect to individuals who came to the United States as children?

The impugned act of prosecutorial discretion may be sufficient on its own to meet the threshold burden.

Kids in hot cars is a specialized niche in case law, so I don't think one can learn much about the nature of prosecutorial discretion from focusing just on those cases (Lexis gives me over 1000 cases involving «negligent homicide» and only 185 of them are about children; 85 of those are about cars; 6 are about anything hot).

I've just started my LLM at U of T and am considering a paper / article on the limits of prosecutorial discretion.

Absent such an obligation, the prosecutor's decision is a matter of prosecutorial discretion which is reviewable by the courts only for abuse of process.

The title of this post is the headline of this intriguing New York Times front - page article which indirectly highlights the realities and uncertainties of prosecutorial discretion and collateral consequences.

Do you think the judicial management of prosecutorial discretion could be better?

One important aspect of prosecutorial discretion in the common law systems is the prosecutor's power to select the legal charges he brings against the defendant.

«The Law Society recognises the importance of prosecutorial discretion in legislation such as this.

The administration attempts to justify DACA as a lawful exercise of prosecutorial discretion.

Let's also say that, to avoid the issues of prosecutorial discretion, you decided to sue the police for failing to prevent injury to you, rather than prosecutors for failing to penalize threatened injury to others.

«The discretion of a Crown prosecutor to withdraw a charge is one of the core elements of prosecutorial discretion,» he wrote.

According to the website of the Ministry of Justice, «the decision not to have the courts deal with an offence is a matter of prosecutorial discretion and is made by the criminal and penal prosecuting attorney» only once «it is has been determined that the wrongful act attributed to the offender constitutes an offence, that it can be proved and that no legal obstacle bars the prosecution.»

«The Independent Counsel has reserved for the District Attorney certain investigative decisions, in particular whether and how to seek the Governor's sworn testimony, so that the District Attorney has the opportunity to make these decisions in the context of the exercise of his prosecutorial discretion.»

It's all very subjective, and a great deal of leeway is given to the exercise of prosecutorial discretion.

In addition, choosing to enforce the law against instrument makers does seem a curious exercise of prosecutorial discretion.

Courts can not only order prosecutors to consider a case, but they can also find an «abuse of prosecutorial discretion» and then decide themselves whether the state has to prosecute a case, enforce a law, etc..

The standard of review almost always requires the petitioner to show that the failure to prosecute was «an abuse of prosecutorial discretion.»

«Inquiry into the exercise of prosecutorial discretion would have a significant negative impact on the state's attorney,» Martinez said.

Aboriginal people are not entitled to special consideration by the Crown in the exercise of prosecutorial discretion.

The Supreme Court of Canada, in a 2002 landmark decision, held that governing bodies, such as the provincial law societies, have no jurisdiction generally to sanction or penalize prosecutors for the exercise of their prosecutorial discretion.

Other countries, such as the United Kingdom, have taken concrete steps to prevent and address inappropriate exercises of prosecutorial discretion.

A criminal case related to Marijuana in Minnesota could potentially be prosecuted in either state of federal court (or both), depending upon the facts claimed by police, and upon the exercise of prosecutorial discretion.

In criminal cases, a judge will be reluctant to give a stay of adjudication without prosecutor approval (or finding an abuse of prosecutorial discretion) but in petty misdemeanor traffic cases judges are more willing despite prosecution opposition.

[45] In explaining how I reach this conclusion, I first outline the approach to the review of prosecutorial discretion, including the threshold evidentiary burden that must be met by an accused person alleging an abuse of process based on the improper exercise of prosecutorial discretion.

[46] The many decisions that Crown prosecutors are called upon to make in the exercise of their prosecutorial discretion must not be subjected to routine second - guessing by the courts.

At the same time, the use of the prosecutorial stay like other exercises of prosecutorial discretion, will be treated with deference by the courts and other parts of government.»

The appropriate exercise of prosecutorial discretion is fundamental to the proper functioning of the bail process.

Given what was said in the policy paper, it would appear that the Regulations are intended to provide standards for prosecutorial decision making and in particular to guide the exercise of prosecutorial discretion.