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 a prosecutor announces a policy that seems unprecedented, there’s going to be some pushback,’ says Sklansky, the Stanford professor. ‘We don’t have clear road maps for what it means to be a responsible prosecutor who cares about reducing mass incarceration’.“
The Governing Institute
May 30, 2019
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