The article deals with the principle of discretionary prosecution and its significance for activities prosecutor in criminal proceedings.The purpose is to define discretion as a determine influence on proceedings.It justified that prosecutorial based internal conviction prosecutor, which serves an impulse him carry out indictment or abandon it. Therefore, prosecutor’s prosecution, including vio...

h Though prosecution and sentencing processes have built-in discretion to accommodate the circumstances of each case, prosecutors, judges, and other experts in criminal justice believe that the wide variation in the outcomes listed above is beyond the expected bounds of discretion, and occurs primarily for two reasons. h First, it is important to recognize that successful prosecution requires s...

In the case Whitner v. South Carolina in 1997, the South Carolina State Supreme Court defined the concept of a child to include viable [4] fetuses. This allowed grounds for prosecution of a pregnant woman?s prenatal activity if those activities endangered or could potentially endanger the fetus [5] within her. The case brought the issue of fetal rights versus pregnant women?s rights to light. T...

If an antitrust authority chooses policies to maximize the number of successfully prosecuted cartels, when do those policies also serve to minimize the number of cartels that form? When the detection and prosecution of cartels is inherently difficult, we find that an antitrust authority’s policies minimize the number of cartels, as is socially desirable. But when the detection and prosecution o...

Both prosecutors and defense attorneys have presented religious appeals and testimony about a defendant's religious activities in order to influence capital jurors' sentencing. Courts that have objected to this use of religion fear that religion will improperly influence jurors' decisions and interfere with their ability to weigh aggravators and mitigators. This study investigated the effects o...

In a criminal prosecution for medical billing fraud alleging up-coding and overbilling, the government's evidence may encompass the practice's entire billings and draw inferences from them. In addition, fraud may be demonstrated through statistical analysis comparing a physician's billings relative to other providers of the same specialty. The Federal Rules of Evidence govern the admissibility ...

This paper analyzes dynamic cartel formation and antitrust enforcement when firms operate in demand-related markets. We show that cartel prosecution can have a knock-on effect: desisting a cartel in one market reduces profits and cartel stability and leads to the break-up of the cartel in the adjacent market. Cartel prosecution can also have a waterbed effect: desisting a cartel increases carte...