what makes the prosecuting attorney so powerful

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.

Full Answer

Why is it so hard to prosecute a cop?

The worry is that showing a willingness to prosecute law enforcement officers will lead to difficulties in investigations for other cases. Police also typically benefit from close relationships with mayors, judges, and other officials with influence over how justice is carried out.

Why is perjury so rarely prosecuted?

Perjury has to be material to the civil or criminal action, so lying about smaller things is not always perjury. Cross-examination often shows when someone is lying, in which case a prosecution for perjury is less likely, because the lie was exposed in open court.

Why was the Hapsburgs so powerful?

Together, these two facets of diplomacy meant that the Hapsburgs rose to dominance in the decentralized Holy Roman Empire, and through their successful bid to emperorship, dominate Western Europe and the New World. Obviously, the Hapsburgs are remembered for incest, and so their strategic marriages were often early in their history.

Why are prosecutors so important?

Why is the prosecutor so important? 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.

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 is the prosecutor's role so very 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.

Do prosecutors have more power than the judge?

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.

Why is the DA so powerful?

Power to Negotiate Plea Deals The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.

How do prosecutors abuse 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”

Who has the most power in the courtroom?

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.

Who is more powerful than a prosecutor?

The Judge has the exclusive authority to set bail based on 2 factors: The defendant's risk of fleeing or not showing up to court and. the defendant's risk to the community. Although the prosecutor makes a recommendation, the Judge holds the ultimate power.

Why do prosecutors drag out cases?

If the prosecution lacks evidence strong enough to secure a conviction, the prosecution may look to drag the case to give the police time to find even more evidence to support the case.

Why do prosecutors go after innocent people?

They're a routine response to new evidence of innocence. And they are just one way a prosecutor can preserve a conviction when their case is being challenged.

Why do prosecutors overcharge?

Overcharging is also a way for prosecutors to exert pressure on a defendant. This strategy may be particularly relevant if multiple people are suspected of engaging in a crime. In such a case, the prosecution's overcharging may be a strategy for getting one defendant to be a witness against another defendant.

How does a prosecutor work?

Prosecutors "shall control the State actions by bringing to the attention of the courts any instance of unlawful or corrupt behaviour by agents of the State or other officials in positions of authority and by prosecuting such offenders to the full extent of the law.

How many prosecutors are there in the US?

There are over 9,488 prosecutors currently employed in the United States.

What do you feel are the most important duties of a prosecutor?

(b) The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict.

What is the responsibility of a prosecutor?

A prosecutor acts as a legal representative of a victim of a crime. Prosecutors research and present the case in a criminal trial in an effort of punishing the individual accused of committing the crime.

What is the role of the prosecutor quizlet?

A prosecutor is a lawyer. The legal representative of the people of a city, county or state. They have the authority to bring charges, dismiss charges and modify charges. The prosecution decides who,what when and how an individual will be charged.

What does the prosecutor do?

A prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings and then proving in court that the suspect committed the crime he's accused of. The opposite of a prosecutor is a defense attorney.

Why do prosecutors get reelected?

At the state level, prosecutors are reelected, move on to higher office, or win prestigious jobs at high-powered law firms for racking up large numbers of convictions — and for getting high-profile convictions. They’re rarely publicly praised or rewarded for declining to prosecute someone in the interest of justice.

Why do prosecutors use grand juries?

Grand juries, intended and once used to protect people from the excesses of prosecutors, are today used by prosecutors to harass and intimidate. I wrote about one example a few years ago when Assistant U.S. Attorney used a grand jury investigation to silence pain patient advocate Siobhan Reynolds, who had been criticizing the office’s prosecution of doctors. Plea bargaining is often seen as a tool that lets guilty people get off with less punishment than they deserve by pleading to lesser crimes. But too often, it too is used as a weapon. Thanks to the overlapping and duplicitous laws, prosecutors can stack charges to build enormously long potential sentences. This happened with Swartz. The threat of decades in prison can then make pleading to a lesser charge and lesser time enticing, even to an innocent person. This is an everyday thing, but the problem was put on wide display during the scandals in Tulia and Hearne, Texas, where dozens of people pleaded guilty to crimes they didn’t commit.

What are the laws that give prosecutors discretion?

Federal laws on matters like conspiracy, racketeering, wiretapping, mail fraud, and money laundering gives prosecutors enormous discretion and leeway. Likewise for many of the post-9/11 laws that address giving aid to designated terrorist organizations, the notoriously awful Honest Services Fraud law (which the Supreme Court narrowed in 2009), and of course the CFAA.

What are the laws against public nuisance?

At the state and local level, laws against “public nuisance,” “disorderly conduct,” and “keeping a disorderly house” also typically give law enforcement and prosecutors wide discretion. Take all of that with the massive total number of laws, and you get a system ripe for abuse.

What is the power of a prosecutor?

Prosecutors have enormous power. Even investigations that don’t result in any charges can ruin lives, ruin reputations, and drive their targets into bankruptcy. It has become an overtly political position — in general, but particularly at the federal level. If a prosecutor wants to ruin your life, he or she can.

How many felonies do Americans commit per day?

The civil libertarian and defense attorney Harvey Silverglate has argued that most Americans now unknowingly now commit about three felonies per day. But you, citizen, are expected to know and comply with all of these laws. That isn’t possible, of course.

What happens if you are acquitted of a crime?

Even if you're acquitted -- in fact, even if the charge is dropped, or if you're investigated but never charged -- you don't get compensated for the time, stress, and expense the whole affair cost you. In federal cases you're supposed to at least be reimbursed for you legal expenses, but that doesn't appear to happen much, either.

Why is it important for a prosecutor to pick his cases?

There is a most important reason why the prosecutor should have, as nearly as possible, a detached and impartial view of all groups in his community. Law enforcement is not automatic. It isn't blind. One of the greatest difficulties of the position of prosecutor is that he must pick his cases, because no prosecutor can even investigate all of the cases in which he receives complaints. If the Department of Justice were to make even a pretense of reaching every probable violation of federal law, ten times its present staff would be inadequate. We know that no local police force can strictly enforce the traffic laws, or it would arrest half the driving population on any given morning. What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain.

What are the qualities of a good prosecutor?

The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. And those who need to be told would not understand it anyvvay. 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.

Why do we have powers to prosecute?

These powers have been granted to our law-enforcement agencies because it seems necessary that such a power to prosecute be lodged somewhere. This authority has been granted by people who really wanted the right thing done – wanted crime eliminated – but also wanted the best in our American traditions preserved.

Why is the post of District Attorney protected?

Because of this immense power to strike at citizens, not with mere individual strength, but with all the force of government itself, the post of Federal District Attorney from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the Senate of the United States. You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor.

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.

Is the District Attorney superseded in the handling of litigation?

Your responsibility in your several districts for law enforcement and for its methods cannot be wholly surrendered to Washington, and ought not to be assumed by a centralized Department of Justice. It is an unusual and rare instance in which the local District Attorney should be superseded in the handling of litigation, except where he requests help of Washington. It is also clear that with his knowledge of local sentiment and opinion, his contact with and intimate knowledge of the views of the court, and his acquaintance with the feelings of the group from which jurors are drawn, it is an unusual case in which his judgment should be overruled.

Is centralized control necessary?

Experience, however, has demonstrated that some measure of centralized control is necessary. In the absence of it different district attorneys were striving for different interpretations or an applications of an Act, or were pursuing different conceptions of policy. Also, to put it mildly, there were differences in the degree of diligence and zeal in different districts. To promote uniformlty of policy and action, to establish some standards of performance, and to make available specialized help, some degree of centralized administration was found necessary.

What are the most important decisions of a prosecutor?

The most important prosecutorial decisions are the charging and plea bargaining decisions . Prosecutors control and almost predetermine the outcome of criminal cases through these two critical decisions. They decide whether to charge an individual with a crime and what the charge or charges should be, and they enjoy vast discretion in making this decision. Even if a prosecutor believes she can prove a defendant's guilt beyond a reasonable doubt, she is not required to charge that individual. If she does decide to charge, she often has discretion to charge either a misdemeanor or felony. For example, if an individual is arrested with a large quantity of cocaine, the police officer might recommend that the person be charged with Possession with Intent to Distribute Cocaine--a felony that carries a mandatory minimum sentence. The prosecutor has a number of choices. She may decide to charge the person with the felony, but she also has the discretion to charge him with simple possession--a misdemeanor that may result in a probationary sentence with fewer collateral consequences. The prosecutor may also choose not to charge the person at *833 all. The charging decision is totally within the discretion of the prosecutor.

How does plea bargaining affect racial justice?

Charging and plea-bargaining decisions have a tremendous impact on racial disparities in the criminal justice system. If a prosecutor charges an African American with a crime but chooses not to charge his similarly situated white counterpart, or chooses to charge the white counterpart with a less serious offense, she will create an unwarranted disparity. But the problem is a complex one. A prosecutor is rarely presented with two cases--one white defendant, one black--with exactly the same circumstances (same prior record, same facts, etc.) where she consciously chooses to treat the black defendant more harshly. She may unconsciously empathize with a white defendant and give him preferable treatment, or she may offer a white defendant better treatment for legitimate reasons that produce a racial impact.

What is the significance of McCleskey v Kemp?

The Supreme Court has consistently required proof of intentional discrimination in criminal cases, and the amount and type of proof necessary have made successful challenges extremely difficult, if not impossible. In McCleskey v. Kemp, Mr. McCleskey presented a sophisticated study of how the death penalty was implemented in the state of Georgia. The study, conducted by Professors David Baldus, Charles Pulaski, and George Woodworth (known as "the Baldus Study") produced startling racial disparities in the implementation of the death penalty and concluded that black defendants who kill whites were more likely to receive a death sentence. The Court accepted the validity of the study and its findings, but nonetheless declined to reverse Mr. McCleskey's death sentence. Because the study did not prove that the prosecutors in Mr. McCleskey's case intended to discriminate against him because of his race, the Court rejected his claim.

What is the role of a prosecutor in criminal justice?

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. Many argue that police officers are the most important officials in their role as the gatekeepers who bring individuals into the system. There is no doubt that police officers exercise broad discretion in deciding whether to stop and/or arrest individuals for criminal behavior. However, police officers only have the power to bring individuals to the courthouse door. It is the prosecutors whose decisions keep them there and firmly entrench them in the system--decisions that have life-changing consequences.

How does the criminal justice system eliminate racial disparities?

The socio-economic causes of crime may never be totally eliminated. However, individuals in the criminal justice system can have an impact on the problem. Prosecutors are particularly suited to help eliminate racial disparities because of their power and discretion.

Do you have to plea bargain with a prosecutor?

Prosecutors enjoy the same discretion in the plea-bargaining process. They are not required to offer the defendant a plea to a lesser offense, but if they do, they decide what that offer will be. Certainly a defendant may agree to plead guilty to a lesser offense if the prosecutor dismisses all other offenses, but the decision is up to the prosecutor. And with the existence of so many offenses that carry mandatory minimum sentences, the plea bargaining power has become even more important. Since going to trial always carries the risk of conviction, the only way a defendant can be assured that he will not be convicted of an offense carrying a mandatory minimum sentence is to plead guilty to a lesser offense. Ninety-five percent of all criminal cases are resolved by way of a plea. Prosecutors' control of the charging and plea-bargaining decisions almost permits them to predetermine the outcome of most criminal cases.

Do prosecutors discriminate against color?

Whether or not prosecutors intentionally or unconsciously discriminate against defendants of color in the charging and plea-bargaining processes, their decisions--even the race-neutral ones--may cause or exacerbate racial disparities. Their tremendous power and discretion is often exercised in ways that produce unintended and undesirable consequences. However, that same power and discretion can be used to remedy the problem. The next section will examine one possible solution.