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Abuse of Power in the Prosecutor's Office |
| Section: MODERN THOUGHT / EQUAL ACCESS TO JUSTICE? |
| Author: Bennett L. Gershman |
| Publication: The world & I online |
| Issue Date: 6/1/1991 |
| Size: 4,049 Words, 26,088 Characters |
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The prosecutor is the most dominant figure in the American criminal justice system. As the Supreme Court recently observed, "Between the private life of the citizen and the public glare of criminal accusation stands the prosecutor. [The prosecutor has] the power to employ the full machinery of the State in scrutinizing any given individual." Thus, the prosecutor decides whether or not to bring criminal charges; whom to charge; what charges to bring; whether a defendant will stand trial, plead guilty, or enter a correctional program in lieu of criminal charges; and whether to confer immunity from prosecution. In jurisdictions that authorize capital punishment, the prosecutor literally decides who shall live and who shall die. Moreover, in carrying out these broad functions, the prosecutor e...
. . .
...t on the part of every prosecutor to maintain the high moral standards necessary to avoid such temptations. Despite the frequent occurrences of courtroom misconduct, appellate courts have not provided significant incentives to deter it. Inroads will not be made in the effort to end prosecutorial misconduct until the courts decide to take a stricter, more consistent approach to this problem. vbcrlf
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