What is the most important and powerful form of prosecutorial discretion?

3Of the many duties and responsibilities of the prosecutor, the charging power is the most important and is the essence of her control over the entire system. Prosecutors decide whether to charge an individual with a criminal offense, and what the charge should be.

What is prosecutorial discretion and why is it important to study?

Understanding Prosecutorial Discretion” fully examines the nearly absolute and unreviewable power of government prosecutors to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.

Why are prosecutors so powerful?

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.

What are some examples of prosecutorial discretion?

For example, if the facts and evidence indicate that killing was actually in self-defense (which can be a close call in some cases), the prosecutor may reduce the charges from murder to manslaughter, or even drop the charges entirely.

Is prosecutorial discretion good or bad?

Prosecutorial discretion is one of the most important aspects of our criminal justice system. It affords district attorneys a tremendous deal of power. Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges.

Who is the most powerful person in a courtroom?

These days, more than 95% of conviction in the U.S. are obtained by plea bargains. “And again, the person who has the most say and power over a plea bargain—that person is the prosecutor,” Bazelon said.

Do prosecutors have more power than judges?

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.

Is prosecutorial discretion absolute?

The answer is simple: “prosecutorial discretion.” Under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges and what charges to bring.

Who is the most neglected member of the courtroom work group?

242) • The victim is often one of the most forgotten people in the courtroom and may not even be permitted to participate directly in the trial process. Victims may experience a variety of hardships in the criminal court process.