178. When Should a Prosecutor Bring Charges?
The Prosecutors: Legal Briefs
PodcastOne
4.4 • 1.9K Ratings
🗓️ 19 September 2025
⏱️ 49 minutes
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Summary
Our final episodes on West Memphis 3 raised many great questions about when a prosecutor should bring charges, and when he or she should decline to do so. We wrestle with this difficult question, and we address the rise of political violence in light of the horrific murder of commentator Charlie Kirk.
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Transcript
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| 0:00.0 | Your first great love story is free when you sign up for a free 30-day trial at audible.co. |
| 0:05.5 | That's audible.co.uk slash wondering. |
| 0:14.8 | I'm Alice. And I'm Brett. |
| 0:17.5 | And this is the prosecutor's legal police. |
| 0:50.5 | Yeah. I'm Brett. And this is the prosecutor's legal briefs. I'm your host Alice and I'm joined as always by my charged co-host Brett. |
| 0:54.3 | Charged, discharged, uncharged, dead. |
| 0:57.7 | Those are all words that would apply. |
| 0:59.3 | It's been a long few weeks. |
| 1:01.2 | I'm very, very tired. |
| 1:05.8 | I think you've hit like just about every time zone in the last like three weeks. |
| 1:06.9 | Almost all of them. |
| 1:07.7 | A lot of travel. And only about half of them were for the podcast. |
| 1:10.2 | The other half were for your |
| 1:11.0 | day job. It's true. We need to pick a lane. It's what a busy time. But, you know, the next few weeks, |
| 1:17.5 | I'm at home, so I'm happy about that. Only a few weeks, but it's really good to be here. And thank you |
| 1:22.1 | guys for tuning in today because I don't know where this lines up with our other podcast, but our other |
| 1:28.8 | podcast, we finished up West Memphis 3 and we had a theories episode. |
| 1:34.0 | This isn't, this might be a little bit of a spoiler, but whatever. |
| 1:38.5 | It's not a lot of, it's not spoiler. |
| 1:40.0 | A lot of people did not understand the nuanced explanation I gave about my theory, which is basically charging decisions. |
| 1:50.5 | Like, when does a prosecutor bring charges and what burden of proof basically you need to have at different levels of the case? |
| 1:58.8 | And is it ethical, unethical to bring cases |
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