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Criminal Justice - Prosecutors

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    Study Guide Criminal Jus Ɵ ce – Prosecutors 1. Prosecutorial Discre Ɵ on Prosecutors play a central role in the criminal justice system. Because they are elected or appointed officials, they have significant authority and influence. In fact, the prosecutor is often considered the most powerful official in the system. Prosecutorial discretion means that prosecutors have broad freedom to make important decisions. They decide who will be charged with a crime , what charges to file , whether charges should be dropped , whether to offer a plea bargain , and how to use limited prosecutorial resources . These decisions shape the direction and outcome of criminal cases. In states where the death penalty is allowed, the prosecutor’s power becomes even more serious. By choosing which charges to file, a prosecutor can determine whether a defendant faces a possible death sentence. In this sense, charging decisions can literal ly affect life or death outcomes. Criminal justice scholars Joseph Senna and Larry Siegel suggest that a prosecutor’s true character is revealed through how they use discretion. They propose a simple test: When making decisions, is the prosecutor most concerned with fairness , the chance of winning a conviction , or political pressure ? How this question is answered reflects the prosecutor’s integrity and priorities. Overall, prosecutors exercise the greatest discretion in three key areas: • Deciding whether to file charges • Deciding whether to dismiss or reduce charges • Negotiating plea bargains 1.1 Charging Decisions After a person is arrested, the prosecutor reviews the case to decide whether it should move forward or be dismissed. This process is known as screening the case . The decision to prosecute is not automatic and depends on several important factors. Prosecutors consider: • The strength of the evidence connecting the suspect to the crime

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    Study Guide • How serious the offense is • The current workload of the courts • The need to save resources for more serious cases • Whether alternatives to formal prosecution are available , such as diversion programs • The defendant’s level of blame or responsibility for the offense • The defendant’s prior criminal record • The defendant’s willingness to cooperate with law enforcement or help prosecute others By weighing these factors, prosecutors decide whether filing charges is appropriate and worthwhile. 1.2 Dropping Charges Even after charges are filed, a prosecutor can still decide to change or end the case. One option is to reduce the charge , often in exchange for a guilty plea. Another option is to enter a nolle prosequi , commonly called a nol. pros. A nolle prosequi is a formal declaration by the prosecutor that the case will not continue. In simple terms, it means the prosecution is dropping the case. Prosecutors may choose this option for several reasons, including: • Insufficient or weak evidence • Evidence that cannot be used in court • False or unreliable accusations • Crimes that are considered minor or trivial These decisions allow prosecutors to focus their efforts on cases that are stronger or more serious. 1.3 Plea Bargaining Prosecutors also use discretion when negotiating plea bargains with defense attorneys. A plea bargain is an agreement in which the defendant pleads guilty in exchange for something in return. This might include reduced charges or a recommendation for a lighter sentence. Plea bargaining benefits both sides.

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    Study Guide For defendants, it can mean: • A shorter or less severe sentence • Lower legal costs • A faster resolution of the case For the government, plea bargains: • Lower the cost of prosecution • Reduce the number of full trials • Help courts operate more efficiently • Allow prosecutors to focus on the most serious crimes Because of these advantages, plea bargaining plays a major role in the modern criminal justice system. 2. Important Rela Ɵ onships for Prosecutors To do their jobs effectively, prosecutors cannot work alone. They depend on strong working relationships with other key players in the criminal justice system — especially police officers, victims, witnesses, judges, and the courts . At the same time, these groups also rely on prosecutors. This mutual dependence shapes how criminal cases are handled from start to finish. 2.1 Working with the Police Cooperation between prosecutors and the police is essential. Without police support, prosecutors may struggle to investigate cases or present solid evidence in court. Police officers gather evidence, make arrests, and build cases that prosecutors later take to trial. However, this relationship works both ways. Police also rely heavily on prosecutors. Prosecutors review cases and may send them back for more investigation if the evidence is weak. They can also refuse to approve arrest warrants, which directly affects pol ice actions. Prosecutors often advise police on legal issues, such as: • How to properly obtain warrants • How to make lawful arrests

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    Study Guide • How to question suspects without violating their rights They may also help train officers in these areas. This close relationship can create ethical challenges. Sometimes prosecutors must decide whether to charge police officers with crimes such as brutality or lying under oath. Doing so can damage cooperation with law enforcement. On the other hand, ignoring or covering up police misconduct is unethical. Balancing fairness, justice, and professional relationships can be difficult but necessary. 2.2 Rela Ɵ onships with Vic Ɵ ms and Witnesses Victims and witnesses play a critical role in criminal cases. Many prosecutors are reluctant to move forward if the main victim refuses to cooperate. A victim’s willingness to testify can strongly influence whether a case is prosecuted. Prosecutors also consider: • The victim’s role in the crime : If the victim helped trigger the incident through words or actions, prosecutors may be less likely to file charges. • The victim’s credibility : If the victim has a criminal record, prosecutors may worry that a jury will not see the victim as trustworthy. At the same time, victims and witnesses depend on prosecutors. Without a prosecutor pursuing the case, victims may never receive restitution or see justice served. In serious cases — especially those involving organized crime — witnesses may face serious dange r. To address this, the U.S. Marshals Service runs the Witness Security Program , which provides new identities and protection to keep witnesses safe so they can testify in court. 2.3 Prosecutors, Judges, and the Courts Prosecutors must also work closely with judges and understand how courts operate. This requires learning how different judges think and rule. Prosecutors try to predict: • What kind of sentence a judge is likely to impose • Whether a judge is willing to accept a plea bargain These predictions affect major decisions. A prosecutor may choose not to pursue a case if they believe a judge will issue an overly lenient sentence. Similarly, a prosecutor might avoid plea negotiations if the judge assigned to the case is known for rejec ting plea agreements.

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    Study Guide A famous example involves gangster Al Capone . U.S. Attorney George E. Q. Johnson negotiated a plea deal in which Capone would receive a short prison sentence. However, the judge rejected the agreement, causing serious embarrassment for the prosecutor. This case highlights how much a judge’s decision s can shape prosecutorial strategy. 3. Case - Management Policies Prosecutors do more than handle individual cases. They also create case - management policies that guide how their offices operate. These policies help decide: • Which types of crimes will be pursued • How much evidence is needed before filing charges • When and how plea bargaining will be used By setting clear policies, prosecutors can manage heavy caseloads and use limited resources more effectively. 3.1 Three Models of Prosecu Ɵ on Policy Criminal justice expert Joan Jacoby , executive director of the Jefferson Institute for Justice Studies in Washington, D.C., identified three main models that prosecutors use to manage their offices. Each model reflects a different approach to charging cases and resolving them. 1. Legal Su ffi ciency Model In the legal sufficiency model , prosecutors file charges as long as the basic legal elements of a crime are present. In other words, if the law allows the case to move forward, it usually does. Under this model: • A large number of cases are accepted for prosecution • Most cases are resolved through plea bargains , rather than trials This approach emphasizes following the law’s minimum requirements, even if the evidence is not especially strong.

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