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

When federal prosecutors decide whether or not to bring criminal charges in a case, they must assess the evidence, the law, and the public interest in the case. First, they must evaluate the evidence to determine whether the facts support the elements of an offense. They also must consider the complexity of the case, including any particular legal issues that arise. Additionally, prosecutors must consider the applicable sentencing guidelines to determine the severity of any potential penalties. Second, prosecutors must assess the law to determine if a violation of a federal statute has occurred. They must have an understanding of the relevant statutes and regulations, and they must apply the law to the facts. Third, prosecutors must also consider the public interest in the case. This may include a weighing of the seriousness of the offense, the strength of the evidence, the need for deterrence of similar offenses, and any extenuating circumstances. In short, prosecutors must take into consideration the facts, the law, and the public interest when deciding whether to bring charges in a case. Ultimately, federal prosecutors decide whether or not to bring charges in a case based on the outcome of the careful evaluation of these factors.

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