Prosecutors dismiss convictable cases when prosecution would not serve justice

Evidence

Complainants may also withdraw their complaints, especially if they had a prior relationship with the accused and have reconciled their differences. This occurs most often in intrafamily disputes. Even if there is sufficient evidence to convict, prosecutors may dismiss potentially convictable cases when they believe that prosecution will not serve the cause of justice. For example, a prosecutor may not file charges against a person arrested for a minor felony to avoid giving a criminal record to a first-time offender. — G. Alan Tarr, Judicial Process and Judicial…, 1675

Categorization

• XREF: Ties the abstract course value of ‘justice’ to a concrete discretionary practice (declining to charge first-time minor offenders). — connects to: Conviction-rate pressure leads prosecutors to drop weak cases rather than risk losing. — G. Alan Tarr, Judicial Process and Judicial…, 1649; Lynching substituted for legal execution when courts could not impose it — Dorothy A. Brown, Getting to Reparations: How Building a…, 299; Prosecutorial discretion radiates through the whole justice system but stays undocumented — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 30 (+2 more)
• SEED: Essay angle: prosecutorial nullification as a quiet, unelected form of criminal justice policymaking.
• DEFINE: Implicitly defines ‘selective prosecution’ / prosecutorial discretion by giving its operative criteria.

Broader Connections

• Prosecutorial discretion radiates through the whole justice system but stays undocumented #expands (1.00) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 30
• Discretionary practices like plea bargaining and charge dismissal escape or defy legal standards #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2053
• Lynching substituted for legal execution when courts could not impose it #complicates (0.90) — Dorothy A. Brown, Getting to Reparations, 299
• Guilty pleas, not trials, now dominate criminal case disposition #corroborates (0.90)