What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?

Question

Quizplus · Accepted Answer

The limitation placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge is that they must have probable cause to believe the defendant committed the charged offense. This means that the prosecutor must have enough evidence, whether direct or circumstantial, to at least make it more likely than not that the defendant committed the crime. This is a constitutional requirement that protects individuals from being unjustly charged or prosecuted. The other options listed are not accurate limitations on a prosecutor's discretion.

What Limitation Is Placed on a Prosecutor's Discretion to File