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.
"Whether Mueller is overstepping his authority is a matter of opinion. But this conservative indignance rings hollow. For over three decades, conservatives—and many liberals—have encouraged the expansion of prosecutorial power. They’ve sat idly by as the prison population exploded."
The Appeal
July 11, 2018
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