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.
“‘The extensive federalization of criminal law has rendered ineffective the federalist underpinnings of the dual-sovereignty doctrine,’ Hatch’s brief, filed last month, says. ‘And its persistence impairs full realization of the Double Jeopardy Clause’s liberty protections’.“
Salt Lake Tribune
October 12, 2018
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