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What Limitation Is Placed on a Prosecutor's Discretion to File

Question 1

Multiple Choice

What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?


A) The prosecutor must have an established record of making the same decision in substantively similar cases.
B) The prosecutor must have probable cause to believe the defendant committed the charged offense.
C) The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence.
D) The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense.

Correct Answer:

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