The most predominant theme in criminal studies is the prosecutor’s dominant role in the criminal justice system. According to Bellin (2019), prosecutors have more control over people’s liberty than any official in the domain. Nonetheless, there is no consensus among researchers regarding the extent of the influence of a prosecutor in the justice setting. The group opposing the assumption that prosecutors are the most dominant players in the criminal justice system asserts that the traditional definition of power does not characterize the influence of these professionals as “powers.” Bellin (2019) defines power as an actor’s capacity to make individual decisions free from resistance. Therefore, a prosecutor’s attempt to sway a case in a particular direction in a bid to yield a preferred outcome is not prosecutor power. On the contrary, Davis (2005) asserts that the ability of a prosecutor to steer proceedings towards a desired outcome qualifies them as the most powerful official in the American justice system.
The decisions of a prosecutor on plea-bargaining and charging have more serious ramifications than those made by any other official in the criminal justice system. Davis (2005) states that the influence of prosecutors on cases qualifies as power because their plea-bargaining and charging decisions are unreviewable and are discretionary. Although prosecutors are elected officials, there charging and plea-bargaining decisions are not subject to public scrutiny prior to enforcement (Davis, 2005). Therefore, the lack of checks and balances gives prosecutors to liberty to make binding decisions without necessarily being answerable.
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Furthermore, prosecutors decide which cases to charge, and they select a charge that is deemed appropriate. Although a police officer may have compelling probable cause to make an arrest, the prosecutor has unlimited discretion to determine whether the arrested individual should be charged formally or the case should be dismissed. Since the decision to charge or dismiss a case determined the liberty of the accused, granting one individual that degree of unchecked influence could compromise the efficiency and objectivity of the criminal justice system (Bellin, 2019). As a consequence, people may lose faith in the system.
In the course of charging, prosecutors consider policies pertaining to certain crimes. Prosecutors operating in specific settings are compelled to yield to societal pressure regarding how certain cases should be handled (Bellin, 2019). For instance, in a setting where numerous accidents resulting from driving under the influence of alcohol or drugs have occurred, a prosecutor may feel obliged to take similar cases to trial rather than “plea-bargained” in a bid to curb the rampancy of such occurrences.
Also, prosecutors make a charging, plea bargaining, or charge bargaining decisions based on what the law stipulates. According to Bellin (2019), most of the decisions made by prosecutors are informed by their sense of what the law states. Prosecutors are expected to “do justice” and enforce the law; thus, it is up to them to determine which course of action will grant justices to the victim. For example, if a law-abiding citizen makes a foolish mistake for the first time, and the chances of re-offending are relatively small, a prosecutor may decide against prosecuting such an individual; this demystified the framework that prosecutors use in making decisions.
In conclusion, prosecutors are the most powerful actors in the American criminal justice system because the decision to charge or dismiss a case is at their discretion. Given the serious consequences of prosecution, it can be inferred that prosecutors have a profound influence on the liberty of individuals. In making decisions, prosecutors consider policies surrounding specific crimes and what the law requires because they are charged with the mandate to enforce and “do justice.”
References
Bellin, J. (2019). The power of prosecutors. William & Mary Law School Scholarship. Repository. Retrieved from https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2946&context=facpubs .
Davis, A. J. (2005). The power and discretion of the American prosecutor. Droit et cultures. Revue internationale interdisciplinaire , (49), 55-66.
