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.
“Where defense attorneys later took the issue back to the court to protest the bail hike, the amount was dropped by an average of $64,037 for a final bail amount that averaged just over $1 million — a far cry from the original bond. The process is unfair and illegal, says Wainwright, who has been practicing criminal law in New Orleans for 30 years.“
The Intercept
May 15, 2019
Read More"Prosecutorial misconduct often takes years — and a fair amount of luck — to unearth....Since that’s the case, it hardly seems fair to use only cases in which a court has granted relief as a measure of the extent of misconduct."
The Intercept
June 15, 2018
Read More"Defendants in these kinds of cases, often from New York City’s poorest neighborhoods, can’t afford to hire attorneys. The conspiracy charges they face...are broad and hard to fight, because proving individuals “conspired” with others accused of crimes is easier for prosecutors than proving they committed that crime. Threatened with draconian sentences, almost all defendants in these situations agree to plea deals — usually getting years rather decades in prison, and scoring prosecutors dozens of easy convictions."
The Intercept
June 7, 2018
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