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 Datesman was convicted in 1983, Pennsylvania governors were still commuting dozens of life sentences. But in subsequent decades, the process all but ground to a halt in part as a reaction to the violent crime spree of Reginald McFadden, a commuted juvenile lifer, in 1994."
Philadelphia Inquirer
June 28, 2018
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