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I just found out that prosecutors can dismiss a case. Does dismissing the case affect their credibility?
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As I understand it (and please note I am not a lawyer)if a case is dismissed, it is because there is not enough evidence to justify prosecution, as a conviction is unlikely to be brought.
This does not necessarily affect the credibility of the prosecution, or of the investigating officers.
Lack of evidence may be the result of the individual circumstances of the crime (eg lack of witnesses), and not necessarily shoddy detection work or incomplete gathering of evidence by the prosecution.
This does not necessarily affect the credibility of the prosecution, or of the investigating officers.
Lack of evidence may be the result of the individual circumstances of the crime (eg lack of witnesses), and not necessarily shoddy detection work or incomplete gathering of evidence by the prosecution.
No. Prosecutors have to keep under review both the credibility of their evidence and whether or not it's in the public interest to proceed with a prosecution. It's inevitable that, from time to time, they will decide that there is no point in going any further with a case.
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Prosecutors in England and Wales are now controlled by the Crown Prosecution Service (CPS) . They will make the decision. The criteria are well know - it is more likely than not to get a convicition and is it in the public interest.
They go into a huddle about this and you as defendant or onlooker have no input ( so it does not become a mini-trial).
Prosecutors do have league tables and do lose their jobs ( which are not elective) if they are bad - but they have to be pretty awful. A 1957 case where a doctor 'got off' when a lot of people think he did it, wrecked the prosecutors career. Allison Saunders had ber contract shortened ( also appointed) ( ie got fired) over rape cases ten years ago, and went to a highly paid job in London. No sad ending there then.
As for the person making the allegations, each case is decided on its facts BUT - a defence lawyer if he knows will exploit the fact they have done it before if a second allegation comes to court
If witnesses patently lie and keep on doing it, there is a category of 'witness crimes'. These are the only crimes they can be accused of. Usually you have to show malice : ( " I knew what I was saying was untrue, but I said it anyway to get him into trouble") - as you can imagine it is VERY incommon for a complainant to confess to something like that.
I have been involved in one of these cases so I know a bit more than Chris ( who is very good). Police going after lying witnesses is very very uncommon - they usually say " sez you - so what?". That could officially be put as " The police show no interest in this whatsoever "
They go into a huddle about this and you as defendant or onlooker have no input ( so it does not become a mini-trial).
Prosecutors do have league tables and do lose their jobs ( which are not elective) if they are bad - but they have to be pretty awful. A 1957 case where a doctor 'got off' when a lot of people think he did it, wrecked the prosecutors career. Allison Saunders had ber contract shortened ( also appointed) ( ie got fired) over rape cases ten years ago, and went to a highly paid job in London. No sad ending there then.
As for the person making the allegations, each case is decided on its facts BUT - a defence lawyer if he knows will exploit the fact they have done it before if a second allegation comes to court
If witnesses patently lie and keep on doing it, there is a category of 'witness crimes'. These are the only crimes they can be accused of. Usually you have to show malice : ( " I knew what I was saying was untrue, but I said it anyway to get him into trouble") - as you can imagine it is VERY incommon for a complainant to confess to something like that.
I have been involved in one of these cases so I know a bit more than Chris ( who is very good). Police going after lying witnesses is very very uncommon - they usually say " sez you - so what?". That could officially be put as " The police show no interest in this whatsoever "
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