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 laws on pretrial process are among the most retrograde in the nation. Prosecutors can withhold evidence until the morning of trial. To keep it that way, the district attorneys’ association has made the fear-mongering claim that early disclosure of evidence would enable defendants to intimidate witnesses and victims.“
New York Times
February 28, 2019
Read More"'Misconduct is obviously awful and needs to be stopped,' Pfaff said. 'But my general sense about what drives mass incarceration is less misconduct and more about prosecutors making decisions that are publically legal, but unnecessary'."
The Appeal
August 28, 2018
Read More"The purpose of the commission, which is modeled on New York’s successful judicial conduct commission, is not simply to punish cheating prosecutors, but to change the win-at-all-costs mentality that infects too many prosecutor’s offices. "
New York Times
August 14, 2018
Read More"Since then, legislation sponsored by Sen. John DeFrancisco (R-Syracuse) passed both the Senate and Assembly with bipartisan support. It would create the nation’s first Commission on Prosecutorial Conduct. Mirroring New York’s Commission on Judicial Conduct, which handles complaints against judges, it would have the power to investigate citizens’ allegations of prosecutor malfeasance and recommend sanctions."
New York Daily News
July 30, 2018
Read More"The state bill passed with bipartisan support in both the Assembly and the Senate, and awaits Cuomo’s signature or veto. The commission, consisting of eleven judges, prosecutors, and defense attorneys appointed by the state’s chief judge, the governor, and legislative leaders, would be empowered to investigate and recommend disciplinary action against prosecutors in the state accused of misconduct."
Gotham Gazette
July 12, 2018
Read More