Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.
“Statewide, hearings for 58A holds rose nearly 20 percent between fiscal years 2018 and 2019, according to data from Massachusetts Trial Court. Hearings for 58A holds are also up another 10 percent during the first quarter of the current fiscal year.“
The Appeal
October 23, 2019
Read More“U.S. District Judge Lee Rosenthal gave preliminary approval last week to a settlement that restructures the bail system and provides for the pretrial release of most people charged with misdemeanors in Texas’s Harris County, the nation’s third most populous county and home of Houston. And she did it over the objections of Harris County District Attorney Kim Ogg.“
The Appeal Political Report
September 12, 2019
Read More“Where defense attorneys later took the issue back to the court to protest the bail hike, the amount was dropped by an average of $64,037 for a final bail amount that averaged just over $1 million — a far cry from the original bond. The process is unfair and illegal, says Wainwright, who has been practicing criminal law in New Orleans for 30 years.“
The Intercept
May 15, 2019
Read More"She said it’s never appropriate for a DA to ask for $15,000 bond for charges like marijuana possession, and pointed to research showing that releasing people based on their promise to pay if they don’t turn up in court is just as effective as requiring money bail up front."
The Appeal
August 9, 2018
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