How do federal prosecutors decide whether to bring charges in a case?

Federal prosecutors decide whether to bring charges in a case by carefully considering several factors. First, the prosecutor must determine whether there is sufficient evidence to prove a suspect’s guilt beyond a reasonable doubt. In most cases, this will include witness statements, forensic evidence, and documentation related to the alleged offense. Second, the prosecutor must consider the interests of justice. This involves weighing the seriousness of the crime and collecting evidence to support a conviction. Prosecutors may also consider the age and prior criminal history of the accused, as well as the likelihood of conviction. Third, federal prosecutors must consider the resources available to them. This includes the costs of prosecuting the case (e.g. staff time, travel expenses, expert testimonies, etc.) compared to the potential sentence. In some cases, federal prosecutors may opt not to press charges if the sentence would be minimal compared to the resources spent on the case. Finally, the prosecutor must consider the impact of the crime on the public. This means weighing the impact of prosecuting (e.g. societal) versus not prosecuting (e.g. public safety). In some cases, federal prosecutors may opt not to prosecute if the crime does not pose a significant risk to public safety. Ultimately, it is up to the federal prosecutor to decide whether to bring charges in a case. By considering the evidence, interests of justice, resources available, and public impact, they make the best decision in the interest of justice.

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How do federal prosecutors decide whether to bring charges in a case?

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