Can They Do That? Understanding Prosecutorial Discretion

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A prosecutor's decision to file charges -- or not to file them -- is often scrutinized. How are these decisions made? How much discretion does a prosecutor have, and how much discretion should a prosecutor have?

This book explores prosecutorial discretion from varying viewpoints – theory, practice, and from individuals who wish to change the status quo. It is a must have for criminal lawyers, law students and prosecutors’ offices as a training tool.

This volume presents the voices of prosecutors, but also of judges, public defenders, theorists, and advocates for reform. Rather than taking a purely critical approach, this volume brings much-needed nuance to the complex issue of prosecutorial discretion.

Aspects of prosecutorial discretion explored in this volume include:

• Theory and historical context;
• Checks on prosecutorial power;
• Positive and negative impacts, with examples;
• Insights into prosecutors’ decision-making processes; and
• Comparative international perspective.

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