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.
“Wouldn’t the criminal-justice system be more just, he asked, if the people who traditionally had become public defenders decided to become prosecutors instead? If the students wanted to go into criminal law, they could be prosecutors or public defenders—or, he said, they could be progressive prosecutors.“
The New Yorker
October 23, 2018
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