D.A. Jurisdiction
What is the legal juristriction of a assissant district attorney? Do they have the ability or right to use ''discretion'' over the state law when offering or accepting a plea??
Re: D.A. Jurisdiction
Are you asking about the difference between a DA & an ADA? If so, some ADA's have little discretion as to what to charge, while other ADA's have full discretion. Most, if not all, DA's have policies that shape their prosecutorial theory so they do not "abuse their discretion." Meaning, policies are developed to ensure that similar people in similar situations get treated the same.
To answer your question, Prosecutors have full discretion to offer plea agreements and reject offers by the defendant. But, only Judges have the abilty/power to accept or reject plea agreement between the prosecution and the Defense.
Re: D.A. Jurisdiction
Are you asking about the difference between a DA & an ADA? If so, some ADA's have little discretion as to what to charge, while other ADA's have full discretion. Most, if not all, DA's have policies that shape their prosecutorial theory so they do not "abuse their discretion." Meaning, policies are developed to ensure that similar people in similar situations get treated the same.
To answer your question, Prosecutors have full discretion to offer plea agreements and reject offers by the defendant. But, only Judges have the abilty/power to accept or reject plea agreement between the prosecution and the Defense.
