Why is discretion a necessary for prosecutors?

Why is discretion a necessary for prosecutors?

Prosecutorial discretion also allows prosecutors to secure the cooperation of witness defendants by allowing them to offer reduced sentences or charges in exchange for testimony against another defendant.

What are some of the discretion of prosecutors?

A prosecutor’s power is made more potent by the breadth of discretion granted to its wielder. Prosecutorial discretion, despite the limits imposed by law, remains wide. It gives each prosecutor the option to sift through evidence, evaluate their admissibility, and assign to them evidentiary weight.

Do prosecutors have discretion in sentencing?

As noted above, the prosecutor has virtually unlimited discretion not to proceed with a case, for any reason that she deems appropriate. In such a case, the prosecutor may in effect exercise significant control over the sentence to be imposed if the defendant is convicted.

What influences prosecutorial discretion?

The greater the showing of good faith, the more likely it will be met with leniency. Conversely, the less good faith shown, the less likely that prosecutorial discretion will tend toward leniency.

What is the most important prosecutorial discretion explain?

Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.

What are abuses of prosecutorial discretion?

Abuses of discretion Selective prosecution by race, income, political affiliation, etc. Capture of the grand jury, misusing it as a tool for inquisitorial abuse, or excluding citizen complaints from being heard. Plea bargaining abuses, such as seeking testimony in exchange for leniency.

How does broad discretion impact the role of the prosecutor?

Prosecuting attorneys enjoy broader discretion in making decisions that influence criminal case outcomes than any other actors in the American justice system. They make pivotal decisions throughout the life of a case—from determining whether to file charges, to crafting plea offers and recommending sentences.

What are the benefits of judicial and prosecutorial discretion?

There are many advantages to prosecutorial discretion, one of them being the fact that it allows prosecutors to guarantee the witness defendant cooperation. Witness defendants’ cooperation will let them give smaller charges or sentences as long as testimony is offered against a different defendant.

What is the role of discretion in policing?

In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing. It is also not advisable for officers to do so. This means they must decide whether the person breaking the law is posing some threat to public safety.

Why is it important to have prosecutorial discretion?

The Importance of Prosecutorial Discretion. “Prosecutorial Discretion” is the general concept that prosecutors are empowered with the ability to choose what to prosecute and/or what punishments to pursue.

How is prosecutorial discretion used in a plea bargain?

Prosecutors also exercise discretion in negotiating pleas with defense counsel. A plea bargain is an agreement in which a prosecutor permits a defendant to plead guilty in exchange for a concession, such as reducing the charges or recommending a lenient sentence. There are advantages of plea bargaining to both the accused and the state.

Is there any self regulation of the prosecutor?

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.

Why does the prosecutor have so much power?

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.