In a Criminal Case, the State Does Not Normally Actively

In a criminal case, the state does not normally actively prosecute a case unless:

A) the prosecutor is absolutely certain of a conviction.
B) there is at least a strong chance that all the elements of the crime alleged can be proved beyond a reasonable doubt.
C) the court determines that the burden of proof beyond a reasonable doubt is on the prosecution.
D) the judge, in advance, indicates his or her belief that the defendant is guilty.