What is nolle prosequi and in what context might it be used?

• A. A judge's power to delay proceedings.
• B. Prosecutor's right to discontinue a prosecution; used when there is insufficient evidence or for other reasons.
• C. A defense tactic to force a mistrial.
• D. A statute of limitations tolling mechanism.

Answer: (B)

Nolle prosequi is the prosecutor’s formal decision to discontinue a criminal prosecution. It is used when there isn’t enough evidence to proceed, or for other reasons in the public interest, such as issues with witnesses or resources. The key point is that the action comes from the prosecutor, not the judge or the defense, and it ends the current case (though in some jurisdictions it can be without prejudice, meaning the state could refile if new evidence later emerges). It isn’t about delaying court proceedings (that would be a continuance), isn’t a defense tactic to force a mistrial, and isn’t a mechanism for tolling a statute of limitations.