The Impact of Niggling on State Attorneys
State Attorney (Prosecutor) The State Attorney has extensive responsibility and authority for what happens when crimes occur.
Indeed, he may file or not file criminal charges against a defendant and decide what those charges will be.
He can do this no matter what the crimes were that originally caused the defendant's arrest.
Moreover, if he wishes and the case evidence suggests the need, he can dismiss the charges he filed, indicating his decision to decline further prosecution.
With power and authority to prosecute crime comes the need for honesty, common sense, discretion, charity, integrity and professional competence.
If one or more of the listed attributes is missing, the incumbant could have a challenge on his hands in the next election.
Because he is the attorney protecting the public and representing the interests of the State at trial, a State Attorney is not customarily the subject of great controversy, but neither is he immune from criticism of the kind that can properly be defined as niggling or carping.
The repetitive public criticism that in and of itself causes anxiety and annoyance, but no major upsets.
Just enough carping to make it difficult to concentrate as the mind searches for a way to end the niggling and return to processing the pending cases.
There are other ways the State Attorney could close out cases he does not want to dismiss on his own authority, because of the possible political consequences or other ramifications such as niggling, that might flow from the case if he does.
The main arrow in his quiver that he can use is to present the case to a Grand Jury to see what it might want to do.
A Grand Jury can either make a Presentment (act on its own initiative to charge the named defendant with a crime), or return a No True Bill, (refusing to charge a crime), for any reason it thinks applies.
This route when taken, insulates the elected State Attorney from the crippling niggling likely to occur if he had continued on his own.
Going this route has an advantage.
The State Attorney, in Florida is the public official advising the Grand Jurors on the law and answer any questions they may care to ask him.
More often than not, a Grand Jury will follow the advice of the State Attorney and either indict or refuse to indict based upon the advice it is given.
Public niggling will generally bring the electorate to the State Attorney's defense.
A valuable ally in his fight to protect and defend the people of the State in the jurisdiction in which he serves.
He may have to put up with some criticism but it is a small price to pay for the privilege of serving the people from the Office of the State Attorney.
Indeed, he may file or not file criminal charges against a defendant and decide what those charges will be.
He can do this no matter what the crimes were that originally caused the defendant's arrest.
Moreover, if he wishes and the case evidence suggests the need, he can dismiss the charges he filed, indicating his decision to decline further prosecution.
With power and authority to prosecute crime comes the need for honesty, common sense, discretion, charity, integrity and professional competence.
If one or more of the listed attributes is missing, the incumbant could have a challenge on his hands in the next election.
Because he is the attorney protecting the public and representing the interests of the State at trial, a State Attorney is not customarily the subject of great controversy, but neither is he immune from criticism of the kind that can properly be defined as niggling or carping.
The repetitive public criticism that in and of itself causes anxiety and annoyance, but no major upsets.
Just enough carping to make it difficult to concentrate as the mind searches for a way to end the niggling and return to processing the pending cases.
There are other ways the State Attorney could close out cases he does not want to dismiss on his own authority, because of the possible political consequences or other ramifications such as niggling, that might flow from the case if he does.
The main arrow in his quiver that he can use is to present the case to a Grand Jury to see what it might want to do.
A Grand Jury can either make a Presentment (act on its own initiative to charge the named defendant with a crime), or return a No True Bill, (refusing to charge a crime), for any reason it thinks applies.
This route when taken, insulates the elected State Attorney from the crippling niggling likely to occur if he had continued on his own.
Going this route has an advantage.
The State Attorney, in Florida is the public official advising the Grand Jurors on the law and answer any questions they may care to ask him.
More often than not, a Grand Jury will follow the advice of the State Attorney and either indict or refuse to indict based upon the advice it is given.
Public niggling will generally bring the electorate to the State Attorney's defense.
A valuable ally in his fight to protect and defend the people of the State in the jurisdiction in which he serves.
He may have to put up with some criticism but it is a small price to pay for the privilege of serving the people from the Office of the State Attorney.
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