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.
“Her comments flip the typical way opponents of criminal justice reform react to cases of recidivism to argue that people were not treated harshly enough. Instead she suggested that some instances of recidivism should force prosecutors to confront the failures of incarceration. “That hasn’t worked, that person is back. Maybe we need to find another way to address this particular person,” she said.“
The Appeal Political Report
August 14, 2019
Read More“George said this perspective should fuel shorter sentences, but also restrain prosecutors from seeking incarceration in the first place. ‘They spent an hour and a half there and were relieved to get out,’ she said of staff members who have already visited St. Albans as part of her initiative. ‘So let’s imagine how this might impact somebody who is there for six months or a year, and how this impacts them as a community member when they get back out. Is there a way that we can avoid that entirely, and not risk them coming out a more violent person or with some type of trauma having been in jail? Can we find another way’?“
The Appeal Political Report
August 14, 2019
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