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.
“I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal defense attorney in both federal and state courts. I am no longer shocked by the frequency of blatant prosecutorial misconduct, but I am sorely troubled that such conduct invariably goes unpunished, even when it’s the basis for reversals of convictions. “
Prison Legal News
May 15, 2019
Read More“Those are just a couple examples of the long-lasting collateral damage caused by incarceration, and things could have gone differently. The prosecutor in charge of my case could have used a diversion option, like treatment court, or a different form of supervision that would have allowed me to address my addiction, options which would have minimized the impacts I still feel on my life today. I have since been told my sentence was extreme and that the prosecutor could have easily diverted me to a treatment court program or community supervision to address the underlying reasons for my addiction and subsequent crimes.“
Prison Legal News
October 31, 2018
Read More“This trend, the report concludes, has bolstered the hands of prosecutors and disempowered both criminal defense attorneys and democracy itself. The report says democracy at large is at stake because citizens, as a result of pretrial plea bargains, have become less involved in the criminal justice system with the accompanying inability to serve on juries.“
Prison Legal News
October 31, 2018
Read More"To discuss coercive interrogation methods, we must first understand the difference between an interrogation and an interview. The primary difference is that an interview is fact-finding, non-accusatory and usually takes place earlier on in an investigation. The interrogation, on the other hand, is accusatory, involves persuasive techniques and is usually conducted in a controlled environment. The most important aspect of any interrogation is that the interviewer should have, through prior investigation, established a presumption of guilt of the suspect."
Prison Legal News
August 19, 2018
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