5. why prosecuting attorney is often cited as the most powerful office in the criminal system?

by Julio Mayer MD Published 1 year ago Updated 1 year ago 8 min read

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.

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.

Full Answer

Are prosecutors too powerful in the criminal justice system?

100% (3 ratings) for this solution. Step 1 of 5. Prosecuting attorney: An individual who is a legal representative of a particular state is solely responsible for bringing criminal charge to the court. They are also termed as county attorney, commonwealth attorney, state’s attorney, or …

What does a prosecutor do in a criminal case?

Feb 07, 2014 · Not surprisingly, as the causes of the racial disparities in our criminal justice system stem from many sources, so must the solutions. Prosecutors are the most powerful officials in the criminal justice system. They make the decisions that control the system, and they exercise almost boundless discretion in making those decisions.

Are general policies for the prosecution of criminal cases effective?

Step-by-step solution. Step 1 of 3. The Prosecuting Attorney is assigned the duty of conducting proceedings on criminal cases in the court. The prosecuting attorney is also known as state, county or district attorney. The prosecuting attorney pursues cases that violate states law.

Who has the power to decide whether to prosecute or not?

Dec 29, 2016 · While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice' or other base motives, he is one of the worst. These powers have been granted to our law-enforcement agencies because it seems necessary that such a power to prosecute be lodged somewhere.

Why are prosecutors so important?

Prosecutors are the gatekeepers of the criminal legal system. They decide whether to prosecute and what to charge. Their harsh and discriminatory practices have fueled a vast expansion of incarceration as the answer to societal ills over the last several decades.

Who is the most powerful official in the criminal courts?

the prosecutor

But the most powerful official in the criminal justice system who makes the most critical decisions that often lead to unjust results is the prosecutor. The power and discretion of prosecutors cannot be overstated.May 29, 2018

How do prosecutors have all the power?

Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.

Why are public prosecutors considered the most dominant figures in the American criminal justice system?

Prosecutors are generally considered the most dominant figures in the American criminal justice system. The Brady Rule prohibits prosecutors from withholding evidence from the defense. The attorney general within each state has direct control over all prosecutors within the state's boundaries on all legal matters.

Why are prosecutors the most powerful?

Why do prosecutors have more power than judges courtroom?

Because punishment for a crime is largely determined by the sentence that lawmakers have established in the criminal code, the prosecutor often has more power over how much punishment someone convicted of a crime receives than the judge who does the actual sentencing.Aug 23, 2021

What is the role of prosecutors in criminal justice system?

Prosecutors are required to apply the law to criminal cases, protect the rights of the persons involved in criminal proceedings, respect human dignity and fundamental rights, and ensure public security.

How do prosecutors misuse their power?

Prosecutors can break the law, engaging in prosecutorial misconduct, in four ways: Offering evidence that they know to be false or “inadmissible” in court. Keeping exculpatory evidence hidden from the defense, or “suppressing Brady evidence” Encouraging witnesses to lie on the stand, or “suborning perjury”

Why do prosecutors defense attorneys and defendants often agree to plea bargains?

Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.

What is the most important factor a prosecutor considered when deciding on criminal prosecution?

3Of the many duties and responsibilities of the prosecutor, the charging power is the most important and is the essence of her control over the entire system. Prosecutors decide whether to charge an individual with a criminal offense, and what the charge should be.

What is the most important factor a prosecutor considers when deciding on criminal prosecution?

The decision to prosecute is based on the following factors: The sufficiency of the evidence linking the suspect to the offense. The seriousness of the offense. The size of the court's caseload.

How might public opinion affect a prosecutor's decision?

Public opinion and important support groups often affect their decisions on charges. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted.

Who gave the power of prosecutor?

Powers of the Prosecutor. Robert H. Jackson, Attorney General of the United States, delivered an address during the second annual conference of united states attorneys on April 1, 1940 in the Great Hall of the Department of Justice Building in Washington, D. C. The speech Jackson gave demonstates the power of prosecutors.

What can a prosecutor do?

The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard.

What is the best protection against abuse of power?

A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen's safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility.

Who has more control over life, liberty, and reputation than any other person in America?

The Federal Prosecutor . The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations.

Should we prosecute overt acts?

In the enforcement of laws which protect our national integrity and existence, we should prosecute any and every act of violation, but only overt acts, not the expression of opinion, or activities such as the holding of meetings, petitioning of Congress, or dissemination of news or opinions.

Is it a question of finding the commission of a crime and then looking for the man who has committed it

In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him.

Who was the Attorney General of the United States in 1940?

Robert H. Jackson, Attorney General of the United States, delivered an address during the second annual conference of united states attorneys on April 1, 1940 in the Great Hall of the Department of Justice Building in Washington, D. C.

What is the most powerful official in the criminal justice system?

1 Prosecutors are the most powerful officials in the American criminal justice system. They control the direction and outcome of all criminal cases, particularly through their charging and plea-bargaining decisions. These decisions have greater impact and more serious consequences than those of any other criminal justice official.

What is the power of a prosecutor?

Prosecutorial power is vast and unrestrained , and the mechanisms that purport to hold prosecutors accountable are weak and often totally ineffective. In addition, the most important prosecutorial decisions are made behind closed doors – away from public scrutiny and thus immune from public accountability. The most remarkable feature of these important, sometimes life-and-death decisions is that they are totally discretionary. The deficiency of prosecutorial discretion lies not in its existence, but in the randomness and arbitrariness of its application. Even in prosecution offices that promulgate general policies for the prosecution of criminal cases, there is no effective mechanism for enforcement or public accountability. Self-regulation by prosecution offices is largely nonexistent or ineffective, and the United States Supreme Court has protected prosecutors from both public and judicial scrutiny. In this article, Professor Davis focuses on the exercise of prosecutorial discretion in charging and plea bargaining. She demonstrates how prosecutors bear the brunt of the responsibility for the race and class disparities in the American criminal justice system. She also discusses why the current mechanisms of accountability for prosecutors in the American democratic system are ineffective. Finally, she suggests measures for reform.

Is the power of a prosecutor unrestrained?

Prosecutorial power is vast and unrestrained, and the mechanisms that purport to hold prosecutors accountable are weak and often totally ineffective. In addition, the most important prosecutorial decisions are made behind closed doors – away from public scrutiny and thus immune from public accountability.

What is the deficiency of prosecutorial discretion?

The deficiency of prosecutorial discretion lies not in its existence, but in the randomness and arbitrariness of its application. Even in prosecution offices that promulgate general policies for the prosecution of criminal cases, there is no effective mechanism for enforcement or public accountability.

What power did the prosecutor have to dismiss charges?

The prosecutor had the power to dismiss some or all of the charges, with or without a plea bargain. His decision to go forward with the charges determined the outcome of the case because the sentencing laws did not permit the judge to exercise discretion, instead requiring a mandatory minimum term of imprisonment.

Do prosecutors have a disproportionate amount of power?

Although prosecutors always have wielded a dispropor tionate 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.

What are the factors that a prosecutor considers in making a charge?

These factors include the strength of the evidence, the likelihood of conviction, the interest of the victim in prosecution, and the cost and complexity of the prosecution and trial 17.

What is the role of a prosecuting attorney?

and defend, on behalf of the state or county, all actions or proceedings, civil or criminal, in which the state or county is interested or is a party.". In most of these states the jurisdiction of the prosecuting attorney.

What is the duty of a prosecuting attorney in Indiana?

not only with the health of persons but also with that of live stock. In at least four states the prosecuting attorney is charged with the. duty to prosecute any person who practices as a veterinarian without. a license,70 and in Indiana it is his duty to aid the state and county.

What power do prosecutors have?

Prosecutors have the power to flood jails and prisons, ruin lives, and deepen racial disparities with the stroke of a pen. But they also have the discretion to do the opposite. This video explores the power of prosecutors to continue to drive mass incarceration — or end it.

Who decides whether to prosecute or what to charge?

Charging. Prosecutors are the gatekeepers of the criminal legal system. They decide whether to prosecute and what to charge. Their harsh and discriminatory practices have fueled a vast expansion of incarceration as the answer to societal ills over the last several decades.

Do all prosecutors have to be elected?

Almost all prosecutors in America are elected officials. And voters across the United States — in red and in blue states alike — strongly prefer elected prosecutors who are committed to reducing incarceration, ending racial disparities, and being fully transparent.

Can a prosecutor end mass incarceration?

Prosecutors can end mass incarceration — today. Prosecutors have used their power to pack jails and prisons. And it has taken decades, billions of dollars, and thousands of laws to turn the United States into the largest incarcerator in the world.