Although a prosecutor may believe that a given defendant violated the law, s/he may decide against moving forward with prosecution based on a belief that no jury would come back with a guilty verdict. This represents a discretionary decision based on

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This decision is based on legal judgment, as the prosecutor is using their knowledge of the law and the potential outcome of a jury trial to determine whether to move forward with prosecution. The other choices may also play a role in the decision-making process, but the primary factor is legal judgment.

Although a Prosecutor May Believe That a Given Defendant Violated