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 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
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