Do prosecutors have a lot of discretion?

In most circumstances, prosecutors enjoy broad discretion and affect the trajectory and outcome of criminal cases more than other actors in the justice system do.

Why do prosecutors have the most discretion?

When Prosecutors Use Their Discretion One reason that a prosecutor may decide not to file charges against a defendant is a lack of evidence. Prosecutorial discretion also allows prosecutors not to file charges, to drop charges or to offer a plea deal when the circumstances surrounding the “crime” warrant it.

How are prosecutors incentivized?

In order to do so, we use two incentive schemes that have been identified in the literature: in the first, the prosecutor maximizes the conviction rate; in the second, he maximizes the total number of convictions. Under both incentive schemes, the prosecutor deviates from charging the socially-desired number of cases.

Which is a factor that increases the power of prosecutors?

Political ambition. Political ambition may also influence prosecutors. Most prosecutors are elected officials, and many of them view their position as a stepping stone to higher office. Public opinion and important support groups often affect their decisions on charges.

Why is the prosecutor often considered the most powerful of all courtroom participants?

Abstract. Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

What type of case is the bulk of offenses in our court system?

The vast majority of criminal cases are traffic violations. Roughly four out of five court filings are criminal—felonies, misdemeanors, or infractions.

Do prosecutors like plea bargains?

Plea bargaining can also be a way for the courts to preserve scarce resources for the cases that need them most. Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates.

What power over the plea bargaining process does the prosecutor have?

A prosecutor can offer a plea agreement in cases where: There is insufficient evidence to prove the state’s case. The testimony of a material witness cannot be obtained. Or, a reduction in the charges or dismissal of one or more would not result in a substantial change in sentence.

Why do prosecutors stack charges against innocent people?

This has become absolutely standard practice. The prosecutor will “stack” charges to build such a scary potential sentence, that even actually innocent people will be intimidated into pleading guilty, rather than face what’s called the “ trial penalty ” – that very scary long sentence if they should somehow be convicted at trial.

What is a Conviction Integrity Unit?

Some prosecutors have set up Conviction Integrity Units, also known as Conviction Review Units—a section of the prosecutor’s office that seeks to prevent, identify, and remedy false convictions.

Do American prosecutors use coercive plea bargaining to discourage jury trials?

American prosecutors are equipped with a fearsome array of tools they can and do use to discourage people from exercising their right to a jury trial. With coercive plea bargaining, prosecutors have ripped that heart right out of the criminal justice system.

Are prosecutors too powerful in the criminal justice system?

Although prosecutors always have wielded a disproportionate amount of power in the criminal justice system, mandatory minimum sentencing laws and the threat of long prison terms have shifted the balance of power in a way that dangerously threatens core principals of fairness and justice.