The prosecution culture: the full picture

• A. English common law, through the rise of the private criminal bar
• B. Roman and canon law procedure, which later shaped the French and German public prosecutor
• C. Islamic jurisprudence, through the office of the qadi
• D. Anglo-Saxon customary law, through the sheriff's court

• A. A salaried state prosecutor appointed by the Crown
• B. Private individuals, typically victims or their families, through the appeal and indictment system
• C. Local justices of the peace acting on their own initiative
• D. Royal judges conducting inquisitorial investigations

• A. To represent the victim's family in private prosecutions
• B. To defend accused persons at royal expense
• C. To act on behalf of the King's interests and public order in criminal and civil matters
• D. To serve as a jury foreman in criminal trials

• A. The obligation to seek the maximum sentence in every case
• B. Representation of the public interest rather than the personal interest of a complainant
• C. Exclusive authority to appoint judges
• D. Immunity from any form of judicial review

• A. Prosecute only cases that generate public revenue
• B. Pursue all chargeable offenses for which there is sufficient evidence, with limited room for discretion
• C. Obtain a conviction before any charge can be filed
• D. Defer all decisions to the victim's wishes

• A. Whether the accused is likely to be found guilty by a jury
• B. Whether there is sufficient evidence to provide a realistic prospect of conviction, together with a public interest justification for prosecuting
• C. Whether the victim wants the case to proceed
• D. Whether the offence carries a sentence of at least five years' imprisonment

• A. The obligation to charge every offence that is reported to police
• B. The power to decide whether to bring charges, which charges to bring, and whether to continue or discontinue a case
• C. The authority of a judge to set the sentence after conviction
• D. The right of the defence to choose which evidence is admissible

• A. The seriousness of the alleged offence
• B. The strength of the admissible evidence
• C. The race, religion, or political views of the suspect
• D. The likelihood that the victim will be harmed by delay

• A. Charging a defendant with more offences than the evidence supports, often to pressure a guilty plea or increase bargaining leverage
• B. Charging a defendant after the statutory limitation period has expired
• C. Imposing a fine that exceeds the maximum allowed by law
• D. Requesting a sentence above the guidelines range at trial

• A. To allow the defence to appeal the decision directly to the Supreme Court
• B. To promote transparency, accountability, and public confidence in the fairness of charging decisions
• C. To ensure the police can reopen the investigation without new evidence
• D. To comply with international trade obligations

• A. Plea bargains are required by law in all criminal cases
• B. Trials are expensive and time-consuming, and resolving cases by plea helps manage heavy caseloads ✓
• C. Judges insist that every case end in a guilty plea
• D. Defendants are never permitted to contest charges at trial

Why: Prosecutors handle large caseloads with limited resources. Plea bargains allow cases to be resolved quickly, conserving time and money for trials where they are most needed. Plea bargaining is not legally mandated, and defendants retain the right to a trial.

• A. The right to a lawyer
• B. The right to a jury trial and the right to challenge the prosecution's evidence ✓
• C. The right to appeal any sentence whatsoever
• D. The right to be told the charges against them

Why: By pleading guilty, a defendant waives the constitutional rights to a trial by jury, to confront witnesses, to present a defense, and to require the prosecution to prove guilt beyond a reasonable doubt. Defendants keep the right to counsel and generally retain some appeal rights.

• A. An agreement where the defendant pays a fine instead of going to jail
• B. An agreement where the prosecutor reduces the severity of the charge in exchange for a guilty plea ✓
• C. An agreement where the judge sets bail at a lower amount
• D. An agreement where the victim receives financial compensation

Why: A charge bargain involves the prosecutor dropping or reducing charges, for example from aggravated assault to simple assault, in return for a guilty plea. This differs from a sentence bargain, where the charge stays the same but the recommended sentence is reduced.

• A. Defense attorneys are legally required to work for the prosecution
• B. Knowing the prosecution's evidentiary strengths, office policies, and workload helps the attorney assess the realistic value of a case and negotiate effectively ✓
• C. Prosecutors always reveal their settlement limits to defense counsel
• D. Understanding prosecutors eliminates the need to review the evidence

Why: Effective negotiation depends on understanding what drives the other side. Knowledge of office charging policies, evidentiary weaknesses, witness availability, and caseload pressures helps defense counsel predict prosecutorial flexibility and advise clients realistically.

• A. Innocent defendants always receive harsher sentences than guilty ones
• B. Defendants may plead guilty to avoid the risk of a much harsher sentence after trial, even when they are innocent ✓
• C. Plea bargains prevent innocent people from being released from custody
• D. Innocent defendants are barred from negotiating with prosecutors

Why: The 'trial penalty' creates pressure on defendants. Even innocent people may accept a plea to a lesser charge to avoid the risk of conviction and a much longer sentence at trial. This raises serious concerns about wrongful convictions and the voluntariness of pleas.

• A. To secure as many convictions as possible
• B. To seek justice and ensure a fair trial
• C. To protect the reputation of the police
• D. To win every case brought before the court

Why: Prosecutors serve the interests of justice rather than simply seeking convictions. Their role includes ensuring that the accused receives a fair trial and that the truth emerges, which is why they are not merely advocates for one side.

• A. Disclosure is optional and only required if the defence specifically asks for a particular document
• B. The prosecution must disclose material that might undermine its case or assist the defence
• C. The prosecution need only disclose evidence it intends to rely on at trial
• D. Disclosure is only required after the defendant has entered a plea of guilty

Why: The prosecution has a continuing duty to disclose unused material that may undermine the prosecution case or assist the defence. This ensures the defence can properly prepare and that the trial is fair.

• A. Ignore it, since the witness has already given evidence to the court
• B. Wait until the trial ends before raising any concerns
• C. Take appropriate steps, which may include informing the court and the defence
• D. Quietly advise the witness to change their testimony

Why: A prosecutor who becomes aware that a witness may have given false evidence has an ethical duty to act, which can include raising the matter with the court and disclosing it to the defence. Prosecutors must never knowingly present false evidence.

• A. Prosecutors should take instructions from the police on every case
• B. Prosecutors should make charging and conduct decisions free from improper political or personal influence
• C. Prosecutors should follow the wishes of the victim in all cases
• D. Prosecutors should prioritise cases that attract media attention

Why: Independence means decisions about whether to prosecute and how to conduct a case are made on the evidence and the public interest, free from improper influence by politicians, police, victims, or the media.

• A. Whether the crime was reported in the newspapers
• B. Whether prosecuting would serve the wider interests of society, considering factors such as seriousness and the offender's circumstances
• C. Whether the public has voted for the prosecution to proceed
• D. Whether the offence is popular with local residents

Why: The public interest test requires prosecutors to weigh factors such as the seriousness of the offence, the harm caused, the offender's age and circumstances, and whether prosecution is proportionate, rather than deciding solely on whether a conviction is achievable.

• A. The prosecutor's duty to secure the highest possible sentence for the public
• B. The prosecutor's role as a minister of justice, whose duty is to the public interest and fair process rather than to win at any cost ✓
• C. The prosecutor's obligation to the police who investigated the case
• D. The prosecutor's personal responsibility to the defendant's family

Why: Prosecutors are often described as ministers of justice. Their duty is to the public interest and to a fair process, which includes treating victims and witnesses with care and considering their welfare, not just obtaining convictions.

• A. Ignoring the witness's concerns because their evidence is essential to the case
• B. Threatening the witness with contempt if they refuse to attend
• C. Applying for special measures such as screens, live link testimony, or pre-recorded evidence ✓
• D. Disclosing the witness's home address to the defence to build trust

Why: Special measures exist to help vulnerable and intimidated witnesses give their best evidence while reducing distress. Applying for them is a proper, rights-respecting step, whereas ignoring concerns or exposing personal details would be inappropriate.

• A. The victim has the legal right to decide whether the case proceeds
• B. Victims' views can inform the assessment of the public interest and the practical realities of the case, but they do not replace the prosecutor's independent judgment ✓
• C. Victims must always agree before any charge can be brought
• D. The victim's view is irrelevant and should never be considered

Why: Prosecutors consider victims' views as part of the public interest test and for practical reasons such as the victim's willingness to give evidence. However, the decision remains the prosecutor's independent judgment, not the victim's to make.

• A. Whether the defendant is popular in their community
• B. Whether the offence is serious, the harm caused, and the likely impact of prosecution on the victim and community ✓
• C. Whether the prosecutor personally dislikes the defendant
• D. Whether the case will generate favourable media coverage

Why: The public interest test weighs factors such as seriousness, the harm to victims, and the wider community impact of prosecuting or not prosecuting. Popularity, personal feelings, and media appeal are not legitimate considerations.

• A. It may be withheld if the prosecutor believes the defendant is guilty
• B. It must be disclosed to the defence in accordance with disclosure rules, as fairness to the accused is part of the public interest ✓
• C. It should be disclosed only if the defence specifically asks for it by name
• D. It is the defence's responsibility alone to find such material

Why: Prosecutors have a continuing duty of disclosure of material that may undermine the prosecution or assist the defence. Fair trial rights are central to the public interest, so withholding such material because of a belief in guilt would be a serious breach.

• A. Jury verdicts in individual criminal trials
• B. Independent review by bar associations and disciplinary bodies
• C. Direct election of prosecutors by the defendants they charge
• D. Automatic appeal of every charging decision to the police

• A. The legal requirement that all charges be filed within a fixed time period
• B. The authority prosecutors have to decide whether to bring charges, what charges to bring, and whether to offer plea deals
• C. The right of a defendant to choose which prosecutor handles their case
• D. The obligation to disclose all evidence to the court before trial

• A. Expanding mandatory minimum sentences
• B. Requiring prosecutors to disclose exculpatory evidence to the defense, as established in Brady v. Maryland
• C. Eliminating the right to appeal criminal convictions
• D. Allowing prosecutors to withhold witness identities indefinitely

• A. A unit that trains new prosecutors in trial advocacy
• B. A division that reviews past convictions for possible errors, misconduct, or new evidence of innocence
• C. A police unit that investigates crimes committed by prosecutors
• D. A committee that sets the standard plea bargain rates for each county

• A. To ensure prosecutors never make charging mistakes
• B. To make prosecutors answerable to the community they serve and create a mechanism for voters to respond to their policies
• C. To remove the need for courts to review prosecutorial decisions
• D. To guarantee that every prosecutor holds a law degree from the same university

• A. To act as a neutral fact-finder seeking the truth regardless of outcome
• B. To represent the state and present the case against the accused before an impartial decision-maker
• C. To defend the interests of the victim exclusively
• D. To advise the judge on sentencing guidelines

• A. Prosecutors have no investigative powers and rely entirely on police reports
• B. Judges often take an active role in directing the investigation and questioning witnesses
• C. Defendants are always represented by state-funded counsel from the outset
• D. Trials are decided exclusively by juries of lay citizens

• A. The obligation to charge every offence reported to the police
• B. The authority to decide whether to bring charges, which charges to bring, and whether to plead a case out
• C. The right of the defence to choose the prosecutor assigned to a case
• D. The power of the court to override a prosecutor's sentencing recommendation

• A. To secure the highest possible conviction rate for their office
• B. To disclose material evidence that may assist the defence
• C. To avoid contact with victims throughout the proceedings
• D. To prepare the defence case for the accused

• A. Because international law mandates identical prosecutorial procedures worldwide
• B. Because they reflect distinct legal traditions, political structures, and historical developments in criminal justice
• C. Because prosecutors in all countries are elected by popular vote
• D. Because crime rates alone determine how prosecution offices are organised