How do federal prosecutors determine which charges to pursue?

When federal prosecutors decide which charges to pursue against a defendant, they consider a variety of factors. The primary consideration is the facts of the case and whether there is enough evidence to prove the defendant guilty beyond a reasonable doubt. Federal prosecutors also consider the seriousness of the alleged crime, the prior criminal record of the defendant, and the culpability (or responsibility) of the defendant. Additional factors that influence the charges may include the potential sentence the defendant could receive, the age and vulnerability of the victims, the nature of the harm caused, the amount of money or property that was taken, and the attitude of the defendant. Prosecutors also consider any unique characteristics of the alleged crime when deciding what charges to pursue. For instance, if a crime was committed in more than one state, the federal prosecutor may bring charges in all of the states where the crime occurred. Additionally, prosecutors look at whether any federal laws were violated and whether anyone in a position of authority was involved in the criminal activity. Lastly, the prosecutor will consider whether pursuing the charges is in the best interest of the public. As federal crimes often have a wide-reaching impact, the prosecutor may decide to pursue charges even if the defendant is not likely to be convicted.

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How do federal prosecutors determine which charges to pursue?

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