Study GuideCriminal JusƟce–Prosecutors1. Prosecutorial DiscreƟonProsecutors play a central role in the criminal justice system. Because they are elected or appointedofficials, they have significant authority and influence. In fact, theprosecutor is often considered themost powerful official in the system.Prosecutorial discretion means that prosecutors have broad freedom to make important decisions.They decidewho will be charged with a crime,what charges to file,whether charges should bedropped,whether to offer a plea bargain, andhow 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. Bychoosing which charges to file, a prosecutor can determine whether a defendant faces a possibledeath sentence. In this sense, charging decisions can literally affect life or death outcomes.Criminal justice scholars Joseph Senna and Larry Siegel suggest that a prosecutor’s true character isrevealed through how they use discretion. They propose a simple test:When making decisions, is the prosecutor most concerned withfairness,the chance of winning aconviction, orpolitical pressure? How this question is answered reflects the prosecutor’s integrityand priorities.Overall, prosecutors exercise the greatest discretion in three key areas:•Deciding whether to file charges•Deciding whether to dismiss or reduce charges•Negotiating pleabargains1.1 Charging DecisionsAfter a person is arrested, the prosecutor reviews the case to decide whether it should move forwardor be dismissed. This process is known asscreening the case. The decision to prosecute is notautomatic and depends on several important factors.Prosecutors consider:•The strength of the evidenceconnecting the suspect to the crimePreview Mode
This document has 14 pages. Sign in to access the full document!