How do federal prosecutors determine which charges to pursue?

Federal prosecutors can determine which charges to pursue by carefully analyzing the evidence of a crime, the seriousness of the crime, the prior criminal history of the accused, and the public interest in prosecution. After considering these factors, federal prosecutors will usually decide to bring either a federal charge, state charge, or both. To decide which federal charge to pursue, prosecutors will weigh each offense’s seriousness and the impact that bringing the charge will have in the context of the overall case. For example, if a federal offense is committed, prosecutors may decide to pursue a federal charge if the penalty is more serious or if the offense occurred in multiple states. Factors such as a defendant’s prior criminal history, the seriousness of the crime, and the evidence of guilt may also influence a prosecutor’s decision to charge a defendant with a particular crime. For instance, an individual who has a long criminal history is more likely to be charged with a serious crime than an individual with a clean criminal history. In addition, the public interest in prosecution can also affect a prosecutor’s decision. For example, if a crime has garnered wide media attention or the crime is particularly egregious, prosecutors may seek to pursue more serious charges in order to hold the accused accountable and to deter future criminal behavior. Ultimately, federal prosecutors must carefully evaluate various factors when determining which charges to pursue. By considering these factors, prosecutors can make sure that defendants are held to the highest possible standard of justice and that the public is served accordingly.

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