Who makes decisions about who to charge and what cases to dismiss?

Who makes decisions about who to charge and what cases to dismiss?

• A. The judge
• B. The prosecutor
• C. The clerk
• D. The defense

Answer: (B)

In criminal cases, charging decisions are made by the prosecutor who represents the state. The prosecutor reviews the evidence, weighs what charges are supported by law and the likelihood of conviction, and decides whether to file charges, which specific charges to bring, and whether to drop or dismiss the case. The judge applies the law to the case but does not decide what charges to pursue. The clerk handles filing and administrative tasks, not charging the case. The defense advocates for the defendant and may negotiate deals, but cannot unilaterally decide which charges will be filed or dismissed. So the prosecutor is the one who makes decisions about who to charge and what cases to dismiss.

In criminal cases, charging decisions are made by the prosecutor who represents the state. The prosecutor reviews the evidence, weighs what charges are supported by law and the likelihood of conviction, and decides whether to file charges, which specific charges to bring, and whether to drop or dismiss the case. The judge applies the law to the case but does not decide what charges to pursue. The clerk handles filing and administrative tasks, not charging the case. The defense advocates for the defendant and may negotiate deals, but cannot unilaterally decide which charges will be filed or dismissed. So the prosecutor is the one who makes decisions about who to charge and what cases to dismiss.