Prosecutors are given great discretion on how to “charge out” a crime.

 

Prosecutors are given great discretion on how to “charge out” a crime. One often used approach is to issue multiple counts in the charging document also referred to as to encourage a guilty pleas and avoid trial. Some would argue this puts an incredibly unfair burden on the defendant to accept a plea of reduced time rather than run the risk of a long prison term even when they are not guilty. Or is this simply using good legal skills by the government to bring speedy justice? What are a prosecutor’s ethical duties? What role might law enforcement play in this decision?

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