A Moral Standard for the Prosecutor\u27s Exercise of the Charging Discretion

The prosecutor\u27s decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor\u27s charging power. The first case depends on a factual determination of a witness\u27s reliability. The second case depends on a factual determination of the witness\u27s truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral standard is proposed to guide the prosecutor\u27s discretion