Themis
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The right of the State's Attorney to determine the charges to charge directly on an information or put forth to the Grand Jury is called "prosecutorial discretion." It is a governmental power given to that office by law. It is a right of that office and a burden. It is a unique power. A witness who complains is not charging a criminal offense or prosecuting. They are ONLY a complaining witness. The prosecutor in a criminal offense is The People of the State of Florida, not Mr. John Q. Public, a complaining witness. Of course, in federal cases it is The United States of America vs. ___________, defendant. The point is, it is the people prosecuting criminal cases because is a governmental power being exercised.