Factors That Influence the Decisions To Prosecute the Criminal Offender - Research Paper

Introduction

The decision by the prosecutor to terminate or prosecute a proceeding is one of the most important steps and the procedure in the judicial prosecution process. The decision in most cases should reflect several factors such as the interest of the public opinion, the victim characteristics, and behaviors, the interest groups, the characteristics of the officials in the criminal justice, the rule of the law and other fundamental factors. The analysis of a report by O'Neal, Tellis, & Spohn, (2015) proves that a decision either to prosecute or not to prosecute tend to rely on the available evidence against or on the offender. Additionally, it is evident that the evidence by the witness is likely to influence the attorney's decisions to either prosecute, terminate or even provide a bargaining decision. The judicial system tends to be fair and uphold the fundamental principles of the law and the associated public and the interested parties. The research has focused mainly on how fairness and consistency are fundamental objectives of the judicial system and the criminal proceedings (Bazemore& Schiff, 2015). The paper seeks to examine factors that influence the decisions to prosecute the criminal offender, or a suspect will always undermine the confidence and trust that the public has towards the judicial system and the court. Under normal circumstances, most of them by the prosecutor in filing charges, plea-bargaining and prosecute the criminals.

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Factors Affecting the Decisions of the Prosecutor to Administer Charges

Characteristics of the Organizational Officials and the Policies

The ability of the prosecutor to lay charges and the overall decision towards a given case in most cases will depend on the judicial policies and the organizational characteristics. In most cases, the prosecutor will want to follow the constitution and what the law says about a given crime and the possible call of actions to take. The prosecutor should examine if the available evidence is enough and sufficient to help in the process of administering justice (Starr & Rehavi, 2013).

Additionally, it is important that the prosecutor actions and decisions should be in line with the interest of the public. The ability to uphold judicial fairness depends on the policies and laws that govern the conduct of the officers such as the prosecutors. Besides, it calls for collective responsibility for every member of the judicial system to enhance a fair process of the prosecutor.

Besides, the available evidence should prove beyond reasonable doubt that the suspect is a victim. It is essential that the prosecutor examine that the nature of conviction is more than theoretically or technically available before he can proceed on with the prosecution process. The proper assessment tends to consider factors such as the credibility of the evidence by the eyewitness and the admissibility of the facts as presented (Spohn, Tellis & O'Neal, 2014). The proper evaluation of the law and the policy will ensure that the process of justice administration is fair and transparent. It is important that the prosecutor use the necessary resources based on his knowledge and skills to administer justice.

Additionally, specific policies on specific crime can also affect the prosecutor's decision to lay charges or to come up with the decision. The research conducted by Starr & Rehavi (2013) shows that the nature of certain policies in most cases tends to be in line with the community and public pressures and demands on the case in question. For example, the office may decide that certain crimes such as drunk driving do not have a right for bargaining and will always proceed to the court for the trial process as a lesser offense. The decision by the prosecutor should focus on winning the public trust and loyalty that they have towards the judicial process. The kind of action or decision that the prosecutor takes in most cases should be that which seek to restore the nature and tranquility in the court.

The Characteristics of the Suspect and the Behaviors

The characters and the behaviors based on the code of dressing and the general grooming in most cases will influence the decision of the prosecutor officers and discretion.A suspect who seems to lack proper morals and positive grooming will earn less respect from the prosecutor, and the manner of treatment that he will receive will be different. It is essential that the suspect dress well and behaves properly before the prosecutor (Delgado, 2017). Additionally, the manner and the nature of how someone talks are likely to either help or even result in more harm based on the kind of the decision. Besides, a first-time suspect or the offender is likely to receive fair treatment based on his good record of not prone to a criminal offense. A person who in many cases has violated the law and encountered several cases of criminal offenses is likely to receive harsh treatment because the prosecutor will not have the necessary trust.

Additionally, most of the officers will tend to treat both men and women differently. The research shows that it is rare to see that the police officer arrest women given those women know how to behave decently as compared to most of the men (Reynolds, 2013). It is through men negligence and recklessness that will always land them in troubles. For instance, people who have outlandish air-cut and funny attires are likely to enter into more problems than those who are decent based on their behaviors and general characteristics. It is important that individuals be mindful of the nature and type of dressing and how they behave and interact with other people within the community.

The Political Ambition and the Justice Requirements

Nature and the availability of the political ambitions in most cases are likely to influence the nature and kind of judgment. It is important to note that, most of the prosecutors have a political interest in certain cases and the decision they provide are always essential. The prosecutor can decide to make a decision that favors them, their close families, friends, or even close relatives. Besides, most of the prosecutors get their positions through appointments, nominations or even through the electoral process and will see their status as a stepping-stone for their lives. It, therefore, shows that certain decision will tend to be biased and favor a given side to avoid confirmation from other external powers.

Similarly, the judgment requires that the nature of justice is free and fair and that which seeks to uphold the dignity of the judicial system. In most cases, the decision of the prosecutor should come from the point of justice requires. The decision should have a supportive base somewhere in the law. Choper, (2013) affirms thatthe prosecutor should be someone who is much ready and always willing to preserve, follow, and uphold the rule of law. Doing justice shows that the prosecutor will not prosecute a suspect less severe, or even lay harsh judgment that the suspect is unable to undertake. For instance, in a situation that a law-abiding citizen commits a minor offense, then there is no need to spend resources and time prosecution the person even if there is a lot of evidence of the suspect not committing a similar offense.

Influence from the Community and the Neighborhood over a Case

The community interest over a given type of case can influence the nature and the type of decision that the prosecutor will provide. The community and the public level of attitude towards certain criminal offense are likely to enhance the level of the arrest of the offender. The following research conducted byCole, Smith, & DeJong, (2018) gives an overview that a case that needs public attention and consideration in most cases requires keen decision and investigation that will be fair on both sides of the party that is involved in a given case. The contemporary attitude of the public towards cases such as rape, sales of drugs, and sex abuse will attract several interest groups who will be keen to follow the proceeding from the start.

When the community and other groups such as the human rights and social activist group's shows concern over a case, the police will tend to take the necessary measures to follow to the latter the process of justice administration over the matter. The police officers will always put the necessary strategies to ensure that it deals effectively with the issue on hand that relates to the crime committed as a way of avoiding future public confrontations for not acting appropriately as required by the law (Kutateladze, Andiloro, Johnson & Spohn, 2014).It is appropriate that the prosecutor council investigate the level of public involvement in a given case and the factors that will undermine the ability to offer effective judgment. The seriousness and the gravity of the offense committed is an issue of significant concern that every member of the public tends to take more seriously.

The Suspect Crimes Record

The studies by the legal prosecution team have shown that the suspects who have encountered several cases of a criminal offense and those who are prone to lawbreaking are likely to face a challenge of getting fair treatment from the prosecutor (McConville, Sanders, & Leng, 2017). The prosecutor might develop a preoccupied mind that the victim committed the offense based on his poor crime record. For example, a suspect who has undergone several trials on crimes is likely to find it difficult to secure his freedom. The prosecutor will have a good background of case and information that will tie the suspect that he committed the offense. A detailed analysis of a report conducted by Neubauer, Fradella, (2018) proves that a first time suspect will find it easy to convince the prosecutor that the act committed was just of a mistake and promising not to repeat the same. The ability to convince the prosecutor and prove innocence will depend on the manner and the organization of the defendant side. Additionally, the prosecutor will have limited time and resource to spend on a suspect who has a good reputation for upholding the rule of law and being a law-abiding citizen.

The Victims Pressure towards the Prosecutor

The ability and the failure of the victim to corporate with the officer are likely to interfere with the kind of judgment that the prosecutor is yet to give. Certain victims and their families tend to show threats to the prosecutor leading to a wrong decision. It is essential that the suspect corporate with the prosecutor enhance a proper process of law administration. The positive corporation between the prosecutors will save time and resources as the victim proving to be a law-abiding citizen (Choper, 2013).The police can always do little the moment that the victim refuses to show corporation. The victim-assistance groups have shown high support of the offenders to appoint that they influence the decision by the prosecutors.

The Background of the Prosecutor Officer

The background of the officer on presiding over criminal cases is a matter of great concern. The background and the knowledge of the prosecutor will depend on the level of experience and skills that he has over the criminal cases and other related criminal issues. Not surprisingly, the prosecutor's record will give good evidence on the possible nature of the decision that the prosecutor will provide (Davis, 2013). For instance, some of the prosecutors have had a good background record of not being based on the decision that they provide. Such prosecutors in most cases tend to win the loyalty and the level of public trust on them. Additionally, in the case that the prosecutor has lean how to prejudice over certain c...