The authority entrusted to a prosecutor is substantial, but it is not unlimited. The State Attorney’s responsibility is to enforce the laws enacted by the Florida Legislature—not to substitute personal policy preferences for the law or use selective nonenforcement as a means of pursuing social change.
The law also entrusts prosecutors with considerable discretion. Brian Kramer believes that discretion must be exercised carefully, independently, and on the merits of each case. Prosecutors must evaluate the admissible evidence, consider the circumstances of the offense and the people involved, protect the public, and seek an outcome that is lawful and just.
Faithful enforcement of the law does not require seeking the greatest possible punishment in every case. It requires accountability, fairness, and sound judgment within the framework established by law.
Individualized and Independent Judgment
Prosecutorial discretion exists because no statute, policy, or formula can account for every circumstance presented by an individual case. Two cases involving the same offense may differ substantially in the strength of the evidence, the defendant’s conduct and history, the harm suffered by the victim, and the risk posed to the community.
Each case must therefore be evaluated on its own facts. Decisions should be based on the law and admissible evidence—not public pressure, political considerations, personal relationships, or a predetermined outcome.
Independent judgment also requires a willingness to reassess a case when new information becomes available. Prosecutors must be prepared to pursue serious charges when the evidence supports them, reduce or dismiss charges when it does not, and explain the reasoning behind consequential decisions when the law permits.
Consistency is important, but consistency does not mean treating materially different cases as though they were the same. It means applying the same principles honestly and evenhandedly to the particular facts of each case.
Public Safety and Accountability
Protecting the public is a central responsibility of the State Attorney. When a person commits a serious or violent crime, presents a continuing danger, or repeatedly violates the law, meaningful consequences may be necessary to protect victims and the community.
Public safety is not measured solely by the severity of a sentence. It also depends on making careful distinctions—identifying the people who pose the greatest danger, directing resources toward the cases that matter most, and pursuing outcomes that reduce the likelihood of further crime.
Accountability should reflect the nature of the offense, the harm caused, the strength of the evidence, the defendant's criminal history, and the risk of future harm. In appropriate cases, accountability requires substantial punishment. In others, supervision, restitution, treatment, or another lawful resolution may protect the public more effectively.
The objective is neither punishment for its own sake nor leniency for its own sake. It is a lawful and proportionate response that holds the offender accountable and protects the community.
Fairness, Proportionality, and Consequences
Fairness requires more than determining whether an offense can be proven. A prosecutor must also consider what outcome is appropriate under the law and the particular circumstances of the case.
A proportionate response accounts for the seriousness of the offense, the harm caused, the defendant’s intent and role, prior criminal history, acceptance of responsibility, and prospects for rehabilitation. It also recognizes that criminal charges and convictions can carry consequences beyond the sentence imposed by the court.
Those consequences should not be ignored, but neither should they excuse criminal conduct or outweigh the safety of victims and the community. They are part of the complete picture a prosecutor must consider when exercising the discretion provided by law.
Fairness does not mean that every case receives a lesser outcome. Some conduct warrants severe and lasting consequences. It means that the government should seek no more—and no less—than the law, the evidence, and the circumstances justify.
Victims and the Community
Victims are entitled to be treated with dignity, respect, and fairness. The Eighth Judicial Circuit State Attorney’s Office complies with the protections established by Article I, section 16 of the Florida Constitution—commonly known as Marsy’s Law—and Chapter 960 of the Florida Statutes. These protections give victims a meaningful role throughout the criminal-justice process, including rights to receive information, confer with the prosecutor, attend proceedings, and be heard at critical stages of a case.
Compliance means more than advising victims that these rights exist. Victims should be kept informed about the progress of a case, given a meaningful opportunity to express their views, and treated as participants in the justice process rather than merely as sources of evidence.
A victim’s views should receive serious consideration, but the responsibility for prosecutorial decisions ultimately remains with the State Attorney. The prosecutor must consider the victim’s wishes together with the law, the admissible evidence, public safety, and the interests of the broader community.
That responsibility can require difficult decisions. In some cases, protecting the public may require proceeding even when a victim is reluctant. In others, evidentiary or legal limitations may prevent the State from pursuing the outcome a victim understandably wants. Prosecutors should communicate those decisions honestly and compassionately.
The State Attorney represents the people of the entire community. Serving that community requires protecting victims’ rights, applying the law equally, and making decisions that promote public safety and confidence in the justice system.
Transparency and Public Trust
Public confidence depends not only on the decisions a prosecutor makes, but also on the willingness to communicate and explain those decisions. Prosecutorial discretion should be exercised thoughtfully, documented responsibly, and communicated to the people most directly affected.
The Eighth Judicial Circuit State Attorney’s Office communicates the outcome of every case to the victim and the investigating officer, when applicable. Before a plea is entered, the victim is informed of the proposed resolution and its terms and given an opportunity to express their views. If a case proceeds to trial, victims and officers who are not present are informed of the result. Investigating officers are also advised of plea dispositions, although that communication may occur after the plea when the officer is not also a victim.
These practices ensure that victims and law-enforcement officers do not simply discover that a case has ended without understanding what happened. They provide an opportunity to ask questions, preserve the reasoning behind important decisions, and reinforce accountability within the office.
When Brian became State Attorney, he added a further requirement for cases closed without a plea or trial. Whenever the State enters a nolle prosequi, dismisses a charge, or otherwise closes a case without a negotiated or adjudicated outcome, the reason must be documented in writing. The decision is personally communicated to the victim and investigating officer, when applicable, and the written explanation is then transmitted electronically as a follow-up.
Transparency does not mean that every detail can always be disclosed. Florida law protects confidential information, active investigations, victims’ privacy, and other sensitive matters. Within those limits, the office strives to provide a timely and meaningful explanation of every outcome.
Public trust is earned through consistent practices: applying the law evenhandedly, communicating candidly, acknowledging difficult decisions, correcting mistakes when they occur, and being accountable for the exercise of prosecutorial authority.
The Responsibility of Prosecutorial Authority
Prosecutorial authority is among the most consequential powers entrusted to government. It includes the power to initiate criminal charges, determine which charges the evidence supports, negotiate resolutions, and decide when a case should not proceed. Every exercise of that authority can profoundly affect victims, defendants, families, and the community.
That power must never be treated as personal. It is authority conferred by law and held in trust for the public. It must be exercised by capable prosecutors who are properly trained, guided by clear policies, and expected to make decisions honestly, independently, and without favoritism.
The State Attorney is ultimately responsible for the culture and practices of the office. That means establishing sound standards, supporting careful decision-making, accepting responsibility for difficult outcomes, and ensuring that the office remains faithful to the law and accountable to the people it serves.
Brian’s approach is grounded in a straightforward principle: enforce the law as enacted, protect the public, respect the rights of everyone involved, and exercise prosecutorial discretion with fairness, judgment, and humility.
Approach to Justice