Charging decisions are generally within the prosecutor's exclusive domain, and the separation of powers doctrine mandates judicial respect for the prosecutor's independence. An indictment will be dismissed only in flagrant cases of prosecutorial misconduct. Dismissal may be based either on constitutional grounds or on the court's exercise of its supervisory powers, and the appropriate analysis will differ accordingly. The purpose of dismissal may be to preserve fairness to the individual defendant, to deter prosecutorial misconduct, or to protect judicial integrity. But dismissal is permitted only if the misconduct was prejudicial to the defendant. State v. Passmore, 2010 MT 34, ¶ 46, 355 Mont. 187, 225 P.3d 1229 (citing §§ 46-1-103(3), 46-20-701(2), MCA).
This Court measures prosecutorial misconduct by reference to established norms of professional conduct. To establish that misconduct justifies reversal of a conviction, the defendant must show that the alleged prosecutorial misconduct violated his or her substantial rights. We will not presume prejudice from charges of prosecutorial misconduct. State v. Martin, 2001 MT 83, ¶ 63, 305 Mont. 123, 23 P.3d 216.