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Of this sample of juveniles, 23% were transferred to criminal court by judicial waiver, 34% by prosecutorial discretion, and 41.6% by statutory exclusion.
The document is intended solely as a guide to the exercise of investigative and prosecutorial discretion and as guidance on resource allocation and federal priorities.
The report also said the public nature of the snafu had set back prosecutorial efforts by several years.
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.
On the other hand, the present case concerned the constitutionality of prosecutorial discretion.
The defendant will instead be an official such as the postal inspectors, who may have influenced the prosecutorial decision but did not make it.
He chaired interim committees on pharmaceutical liability, retitling of manufactured homes and consolidation of judicial and prosecutorial districts.
The report's analysis of the problem of establishing criminal responsibility contributed to the prosecutorial strategy.
The case, however, was dismissed because of prosecutorial irregularities.
Second, some view victims' rights as impinging on prosecutorial discretion.
If the case is dismissed because of prosecutorial misconduct, it will typically be dismissed with prejudice, which means that the defendant can not be retried.
Likewise, the judicial branch has a degree of judicial discretion, and the executive branch also has various discretionary powers including prosecutorial discretion.
His conviction was ultimately reversed by a federal judge on the ground of prosecutorial misconduct.
After lengthy appeals, his conviction was later overturned, due to prosecutorial misconduct, in 1996.
A number of instances of prosecutorial misconduct were discovered in the case.
