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.
“New York state lawmakers have passed a major overhaul of the laws that dictate what evidence must be turned over to defendants facing criminal charges. The new rules require that prosecutors share this evidence, known as discovery, at the earliest stages of a case. If a defendant facing felony charges is offered a plea deal, information must be shared at least three days before his deadline to accept.“
The Marshall Project
April 1, 2019
Read More“New York state lawmakers have passed a major overhaul of the laws that dictate what evidence must be turned over to defendants facing criminal charges. The new rules require that prosecutors share this evidence, known as discovery, at the earliest stages of a case. If a defendant facing felony charges is offered a plea deal, information must be shared at least three days before his deadline to accept.“
The Marshall Project
April 1, 2019
Read More“This week, however, the Fifth Circuit Court of Appeals threw out his lawsuit, siding with the city’s defense that it wasn’t legally liable for the guard’s actions. But the judges also rejected Alvarez’s constitutional argument. Yes, the court said, prosecutors have to turn over evidence that may prove a defendant’s innocence for a criminal trial. But that constitutional right doesn’t apply when the defendant agrees to a plea bargain, they concluded.“
The New Republic
September 21, 2018
Read More"In Elkhart, Indiana, even easy records can be hard to get. Trial exhibits? No. Appellate briefs? No. Police reports in the court file? No. And don’t even ask about moving those boxes."
ProPublica
August 3, 2018
Read More