Prosecutorial Discretion Many believe that after the police arrest and bring a person to court, the entire court process is mobilized. This is hardly the case. For a variety of reasons, many defendants are never brought to trial. The prosecutor decides whether to bring the case to trial or to dismiss it outright. The power to institute or discontinue formal charges against the defendant is the key to prosecutorial function, representing the control and power the prosecutor has over defendant.
Many factors play a role in the prosecutor s decision making.
In addition to system factors, case factors also play a role in prosecutorial decision making. Case factors include the attitude of the victim, the cost of the case, the relationship between the victim and the offender, the availability of alternative procedures, and harm to the suspect. While many may think that this discretion is a problem, it has its advantages for preventing rigid interpretation of the law. Yet, it may also lead to abuse or abandonment of the law. The U.S. Supreme Court has considered the discretion of the prosecutor and issued rulings that are to keep prosecutorial discretion in check.