Example Of Prosecutorial Discretion

Prosecutorial Discretion is the prosecuting attorney having complete authority on the turnout of a case. The prosecuting attorney has discretionary power over matters that involve "whether or not to bring criminal charges, deciding the nature of the charges, plea bargaining, and sentence recommendation" (U.S. Legal Inc, 2016, p. 1). Prosecutors are not obligated to take a victims accusations and represent it in front of a jury. However, the prosecutor is obligated to listen to the story, analyze the evidence, and then decide if they want to move ahead with the case (Bazelon, 2006, p. 2). The discretion comes into action when the prosecutor has analyzed the evidence and learns whether or not the case can be won with the evidence provided.
To begin with, there was a medical examination conducted on the victim. Nifong and Dr. Brian Meehan discussed and agreed that the final DNA analysis conducted would only include results that were positive evidence in prosecuting the three men (Fox News, 2017). The final report did not include the complete results and examinations. This meant that exculpatory evidence would not be available to the defendant's attorneys. Therefore, Nifong failed to present this material to the court which resulted in misrepresentation. Furthermore, Nifong made various negative comments to the media about the three men (Fox News, 2017). It was said that Nifong made negative comments so that he can heighten the publics opinion on the