Legal Question in Criminal Law in California
Obligation of a district attorney
When a crime is committed and reported in a timely manner, does the D.A. have a legal responsibility to investigate it, and if merited, prosecute?
2 Answers from Attorneys
Re: Obligation of a district attorney
No. He has discretion.
Re: Obligation of a district attorney
District Attorneys have limited manpower and limited funds, so they can't afford to prosecute every crime that is committed in their jurisdictions. They have broad discretion to decide which matters are worth pursuing and which are not.
Investigations are normally conducted by the police, not the D.A. Regardless of who conducts them, the issue of limited resources again means that not everything can be investigated. The authorities have discretion when deciding which matters to investigate and which not to.
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