A prosecutor is ethically required to refuse to file a case if he/she does not believe the charges are supported by probable cause.

Question

Quizplus · Accepted Answer

According to the American Bar Association's Model Rules of Professional Conduct, Rule 3.8, a prosecutor should not prosecute a charge that the prosecutor knows is not supported by probable cause. Therefore, a prosecutor is ethically required to refuse to file a case if he/she does not believe the charges are supported by probable cause.

A Prosecutor Is Ethically Required to Refuse to File a Case