Global Breaking News - Monday, December 23, 2024

Do Prosecutors Have Too Much Power?

A U.S. district judge in Denver recently rejected a plea bargain in a child pornography case because the defendant had agreed to waive his right to appeal. The judge said such a deal would undermine the purpose of appellate courts. (He later accepted a plea bargain without that stipulation.) Legal observers — including the editorial board of The New York Times — focused on the judge’s concern as a sign that plea bargains have gotten out of control and in the process given prosecutors too much power. When one party decides whether to bring charges, what charges to bring and whether to offer a plea bargain, is the justice system lacking checks and balances?

 Plea Bargain(= 유죄 답변 협상, 양형거래[형사 사건에서 피고인과 검찰관이 상호 협상하여, 피고인이 다른 중죄에 대한 가벼운 처벌을 바라고 경죄에 대해 유죄를 인정하는 것])/ checks and balances(= 미국에서 대통령, 의회, 대법원 간의 견제와 균형, 견제 원칙)

1. Prosecutors’ Overreaching Goes Unchecked
Unchecked power in the hands of prosecutors is as much a threat to our democracy as it is with any other government official, if not more.
 
2. Judgment Requires Power and Vice Versa
Proving sophisticated crimes requires far-reaching statutes and the leeway to use grand juries, charges and agreements for testimony.
 
3. The Problem With Mandatory Minimums
Far from eliminating disparity by curbing judicial discretion, mandatory minimums simply shift power to prosecutors.
 
4. The Right to Appeal Is an Issue of Fairness
You can’t bargain away your right to counsel; you shouldn’t be allowed to bargain away your right to appeal.
 
5. Limit Control Over Charges and Sentencing
We can and should take modest steps to ensure that the power prosecutors exercise does not encroach on the functions of the other branches.

Sample Essay

Prosecutors’ Overreaching Goes Unchecked

Prosecutors are the most powerful officials in the criminal justice system. They decide whether criminal charges should be brought and what those charges should be, and they exercise almost boundless discretion in making those crucial decisions. Prosecutors alone decide whether to offer the defendant the option of pleading guilty to reduced charges. When one considers the fact that more than 95 percent of all criminal cases are resolved with guilty pleas, it is very clear that prosecutors control the criminal justice system through their charging and plea bargaining powers.

Equally problematic is the fact that the charging and plea bargaining decisions are made behind closed doors, and prosecutors are not required to justify or explain these decisions to anyone. If a prosecutor treats two similarly situated defendants differently -- charging one but not the other or offering a better plea offer to one -- it is almost impossible to challenge such differential treatment. The lack of transparency in the prosecution function also leads to misconduct, like the failure to turn over exculpatory evidence -- a common occurrence made famous by the prosecutors in the Duke lacrosse and Senator Ted Stevens cases.

We live in a democracy in which we hold accountable those to whom we grant power, but we have fallen short when it comes to prosecutors. State and local prosecutors are presumably held accountable through the electoral process, but few voters know enough about the prosecution function to make a meaningful decision at the ballot box. When prosecutors run for office, they don't talk about their charging and plea bargaining policies (if such policies even exist). With a few notable exceptions, most prosecutors run on a "tough on crime" message, providing little, if any, information about anything else. There is even less accountability on the federal level where U.S. attorneys are appointed by the president.

The Supreme Court has consistently deferred to prosecutors in a series of cases, including claims of race-based selective prosecution and the failure to turn over exculpatory evidence. Bar counsel offices rarely bring charges against prosecutors who have violated ethical rules.

Unchecked power in the hands of prosecutors is as much a threat to our democracy as it is with any other government official, if not more. Prosecutorial decisions often result in a loss of liberty and even life. We must do a better job of holding prosecutors accountable -- at the ballot box and through bar counsel prosecutions, when appropriate.