context: P 7 The charging function is inherent in the duties of the district attorney, an elected official, and is governed by the credible facts which, in the judgment of the district attorney, can be established beyond a reasonable doubt at trial and are consistent with the policies of that office, including relevant standards applicable to the initiation of charges. See 42 Pa.C.S.A. SS 8931, Indictment and information, (d) Duties of prosecuting attorneys; see also ABA Standard for Criminal Justice, Prosecution Function Standards, 3-3.9 Discretion in the Charging Decision. It is axiomatic that neither the trial court nor an appellate court may interfere with this function of the prosecution provided the appellant has not established fraud, prejudice or bias in the district attorney's election of the individual charges.
citation_a.signal: cf.
citation_a.parenthetical: reasoning the district attorney's decision to not prosecute a private complaint, based on policy considerations, will not be disturbed absent a showing of bad faith, fraud or unconstitutionality
citation_a.sentence: See Commonwealth v. Larsen, 452 Pa.Super. 508, 682 A.2d 783 (1996) (holding the district attorney is vested with the sole discretion as to what crime(s) will be charged, and that discretion will not be disturbed absent a gross abuse of discretion); cf. In re Private Complaint of Petitioner Donald Adams, Appeal of Donald Adams, 764 A.2d 577 (Pa.Super.2000) (reasoning the district attorney’s decision to not prosecute a private complaint, based on policy considerations, will not be disturbed absent a showing of bad faith, fraud or unconstitutionality).
citation_b.signal: see
citation_b.parenthetical: holding the district attorney is vested with the sole discretion as to what crime(s) will be charged, and that discretion will not be disturbed absent a gross abuse of discretion
citation_b.sentence: See Commonwealth v. Larsen, 452 Pa.Super. 508, 682 A.2d 783 (1996) (holding the district attorney is vested with the sole discretion as to what crime(s) will be charged, and that discretion will not be disturbed absent a gross abuse of discretion); cf. In re Private Complaint of Petitioner Donald Adams, Appeal of Donald Adams, 764 A.2d 577 (Pa.Super.2000) (reasoning the district attorney’s decision to not prosecute a private complaint, based on policy considerations, will not be disturbed absent a showing of bad faith, fraud or unconstitutionality).