As such, continuing conversations about prosecutorial power must include discussions on non-existent accountability and unrestrained discretion. Prosecutorial abuse is considered to be “quite possibly the most pressing challenge in American criminal justice.” Such a belief stems from the reality that the professional decisions of prosecutors “are relatively unconstrained and subject to weak oversight.” Indeed, the existing jurisprudence meant to ensure honest prosecutorial functioning has no teeth, with courts reluctant or unwilling to invoke their supervisory authority in an effort to sanction and prevent abuse. Social justice activists argue prosecutors are “protecting trigger-happy cops.” Other critics argue that unchecked prosecutorial power is reflected in “overcrowded prisons, out of control snitches, and racially lopsided justice.” It is not just laypersons who are voicing their concerns professionals, experts, scholars, and researchers are offering critiques on a national level as well. The belief that prosecutors in general are a serious problem continues to gain momentum. Yet, prosecutors seem to bristle at the term “prosecutorial misconduct,” preferring, rather self-servingly, “prosecutorial error” because the term does not connote intentional wrongdoing. It clearly demonstrates a profound willfulness by prosecutors to disregard the rule of law and embrace a disturbing “win-at-any-cost” mindset. That this is the reality after numerous Supreme Court decisions have established and reinforced procedural protections for criminal defendants should shock the conscience. The University of California at Irvine’s School of Social Ecology noted that misconduct by federal prosecutors was two and half times more common than misconduct by police and an astounding “seven times as common” among “white collar crime exonerations.” The National Registry of Exonerations (“NRE”) found that 30% of all exonerations involved misconduct by prosecutors. A federal appellate judge declared that “there is an epidemic of prosecutors hiding exculpatory evidence.” That’s alarming if true, and the evidence indicates that it is. “No one of good conscience should want the job,” said one former prosecutor. The range of criticisms is broad and of many persuasions. At the federal level, top prosecutors and their subordinates are appointed, with little to no electoral accountability. The assumption that electoral oversight serves as a mechanism of restraint, as prosecutors at the state level are elected officials, bears little fruit. The great majority of prosecutions are conducted at the state level. Prosecutorial abuses occur at both the state and federal level. One report found that “the scope and subjects of prosecutorial power have likely increased over the past century.” In 2016, one scholar declared that the “system’s overriding evil is the concentration of power” in the hands of prosecutors. This has devastating consequences for the individuals involved and the criminal justice system at large. There is simply no greater concentration of power in the criminal justice system than that wielded by the modern American prosecutor – and we now know it is abused at alarming rates. Jackson’s observation was not only insightful, but it has also become more deserving of heed as time passes. Too many Americans are subjected to abusive power at the expense of their life and liberty. The consequences of this corrupted power play out every day across the country. Power tends to corrupt, and absolute power corrupts absolutely. Concentrating so much power in the hands of any one human being inevitably leads to its abuse. Research, empirical evidence, and judicial findings reveal a seedy underbelly where individuals who wield immense power cause nearly as much damage to individuals and the rule of law as any number of criminal defendants.įor decades, prosecutors have ruled the criminal justice system with near absolute power. To that end, the American prosecutor ought to be noble and honorable, committed to vindicating the law, and someone to whom the notion of success isn’t simply the number of convictions obtained at any cost.īut what happens when we find that the reality is dramatically different? When it’s revealed that there is a darker side to the modern American prosecutor? Or worse, that prosecutors have never been the embodiment of the glowing public image, and securing convictions no matter the costs is all that has ever really mattered. They shall maintain the integrity of the criminal justice system and promote respect for the rule of law. To many people, prosecutors are viewed as the “Champion of the People.” Americans rightly expect those given such tremendous responsibility and incredible power will ensure that justice is done. The prosecutor has more control over life, liberty and reputation than any other person in America. Share: Share on Twitter Share on Facebook Share on G+ Share with email
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