Criminal Justice - Prosecutors | Criminal Justice

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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 crime

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Study Guide•How serious the offense is•The current workload of the courts•The need to save resourcesfor more serious cases•Whether alternatives to formal prosecution are available, such as diversion programs•The defendant’s level of blame or responsibilityfor the offense•The defendant’s prior criminal record•The defendant’s willingness to cooperatewith law enforcement or help prosecute othersBy weighing these factors, prosecutors decide whether filing charges is appropriate and worthwhile.1.2 Dropping ChargesEven after charges are filed, a prosecutor can still decide to change or end the case. One option is toreduce the charge, often in exchange for a guilty plea. Another option is to enter anolle prosequi,commonly called anol. pros.A nolle prosequi is a formal declaration by the prosecutor that the case will not continue. In simpleterms, 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 trivialThese decisions allow prosecutors to focus their efforts oncases that are stronger or more serious.1.3 Plea BargainingProsecutors also use discretion when negotiatingplea bargainswith defense attorneys. A pleabargain 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 GuideFor defendants, it can mean:•A shorter or less severe sentence•Lower legal costs•A faster resolution of the caseFor 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 crimesBecause of these advantages, plea bargaining plays a major role in the modern criminal justicesystem.2. Important RelaƟonships for ProsecutorsTo do their jobs effectively, prosecutors cannot work alone. They depend on strong workingrelationships with other key players in the criminal justice system—especiallypolice officers,victims, witnesses, judges, and the courts. At the same time, these groups also rely onprosecutors. This mutual dependence shapes how criminal cases are handled from start to finish.2.1 Working with the PoliceCooperation between prosecutors and the police is essential. Without police support, prosecutorsmay struggle to investigate cases or present solid evidence incourt. 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. Prosecutorsreview cases and may send them back for more investigation if the evidence is weak. They can alsorefuse to approve arrest warrants, which directly affects police 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 toquestion suspects without violating their rightsThey may also help train officers in these areas.This close relationship can create ethical challenges. Sometimes prosecutors must decide whether tocharge police officers with crimes such as brutality or lying under oath. Doing so can damagecooperation with law enforcement. On the other hand, ignoringor covering up police misconduct isunethical. Balancing fairness, justice, and professional relationships can be difficult but necessary.2.2 RelaƟonships with VicƟms and WitnessesVictims and witnesses play a critical role in criminal cases. Many prosecutors are reluctant to moveforward if the main victim refuses to cooperate. A victim’s willingness to testify can strongly influencewhether a case is prosecuted.Prosecutors also consider:•The victim’s role in the crime: If the victim helped trigger the incident through words oractions, prosecutors may be less likely to file charges.•The victim’s credibility: If the victim has a criminal record, prosecutors may worry that a jurywill not see the victim as trustworthy.At the same time, victims and witnesses depend on prosecutors. Without a prosecutor pursuing thecase, victims may never receive restitution or see justice served. In serious cases—especially thoseinvolving organized crime—witnesses may face serious danger. To address this, theU.S. MarshalsService runs the Witness Security Program, which provides new identities and protection to keepwitnesses safe so they can testify in court.2.3 Prosecutors, Judges, and the CourtsProsecutors must also work closely with judges and understand how courts operate. This requireslearning 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 bargainThese predictions affect major decisions. A prosecutor may choose not to pursue a case if theybelieve a judge will issue an overly lenient sentence. Similarly, a prosecutor might avoid pleanegotiations if the judge assigned to the case is known for rejecting plea agreements.

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Study GuideA famous example involves gangsterAl Capone. U.S. Attorney George E. Q. Johnson negotiated aplea deal in which Capone would receive a short prison sentence. However, the judge rejected theagreement, causing serious embarrassment for the prosecutor. This case highlights how much ajudge’s decisions can shape prosecutorial strategy.3. Case-Management PoliciesProsecutors do more than handle individual cases. They also createcase-management policiesthatguide 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 usedBy setting clear policies, prosecutors can manage heavy caseloads and use limited resources moreeffectively.3.1 Three Models of ProsecuƟon PolicyCriminal justice expertJoan Jacoby, executive director of the Jefferson Institute for Justice Studies inWashington, D.C., identifiedthree main modelsthat prosecutors use to manage their offices. Eachmodel reflects a different approach to charging cases and resolving them.1. Legal Sufficiency ModelIn thelegal sufficiency model, prosecutors file charges as long as the basic legal elements of acrime 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 throughplea bargains, rather than trialsThis approach emphasizes following the law’s minimum requirements, even if the evidence is notespecially strong.

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