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.
“When entering into a plea bargain for a misdemeanor offense, prosecutors have an ethical duty to ensure the legal and evidentiary basis of the charges are sound, according to a new formal ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility. “
American Bar Association
May 9, 2019
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