The constitutional rights of a grand jury target or potential defendant aside, the courts afford prosecutors enormous discretion over the question of when and whether to prosecute. One state Supreme Court has observed that, “[i]n our criminal justice system, the decision whether to prosecute, and if so on what charges, is a matter ordinarily within the discretion of the duly elected prosecutor. The decision whether to bring charges is at the heart of the prosecutorial function.
Source: Congressional Research Service
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