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Prosecutorial discretion leads to wrongful convictions forcing innocent defendants to plea in lieu of trial.
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Your paper should have a clear thesis statement – a declarative statement that you can support with evidence (from your research). The most effective papers, especially in this area, are descriptive as well as prescriptive, offering at least a tentative proposal for reform. Less is often more; it is best to select a rather narrow topic that you can adequately address given the page limit. 9-10 pages total (including endnotes). Times New Roman, 12 pt. font, double-spaced, 1-inch margins. A minimum of 10 reputable research sources
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The Impact of Prosecutorial Discretion on Wrongful Convictions
Introduction
Prosecutorial discretion, the authority vested in prosecutors to decide whether to pursue criminal charges and how to prosecute cases, is a cornerstone of the criminal justice system. While intended to promote efficiency and justice, its misapplication has led to a troubling trend: inappropriate convictions and overcharging during plea bargains. The cases of wrongful convictions not only horrendously deprive individuals of their freedom of life but also leave people with less trust in the judicial system. Additionally, forced pleas frequently arise as the result of the prosecutor's intimidation or threat tactics and graver sentences; they cast a dark shadow over justice. This article argues that the abuse of persecutory discretion has many negative economic consequences which need to be prevented immediately. By examining the root causes of wrongful convictions and coerced pleas, exploring case studies, and proposing targeted reforms, this paper aims to shed light on this critical issue and advocate for a more just and equitable criminal justice system.
Understanding Prosecutorial Discretion
Prosecutorial discretion refers to the authority granted to prosecutors to make decisions regarding the initiation, prosecution, and resolution of criminal cases. Such a wide latitude in decision-making by prosecutors allows them to decide an assortment of things within their vicinities that will include to what extent they are going to push for a certain case, what charges to issue, whether to offer other options such as plea bargains and also how they shall use their resources in pursuit of their jurisdiction. This strategy allows prosecutors to use their discretion if the particular case requires it; the available evidence does not allow other options or considerations for justice, and fairness would be wise to be chosen.[Anna Vaynman and Mark Robert Fondacaro. “Prosecutorial Discretion, Justice, and Compassion: Re-establishing Balance in Our Legal System.” SSRN Electronic Journal, 2021.2 Jennifer Weintraub, Jennifer N. “Obstructing Justice: The Association between Prosecutorial Misconduct and the Identification of True Perpetrators.” Crime & Delinquency, vol. 66, no. 9, Jan. 2020.]
A number of considerations determine the prosecutors' discretion, the strong evidence, the nature of the offence, the criminal record of the defendant, the needs of victims, and the witnesses. Besides, operational factors like being short of resources, fatigue, or being under too much tycoon from the case might lead to the decision being made. Political influence, people's opinions, and the beliefs and prejudices of the prosecutors become other factors that contribute to discretionary justice. Additionally, charging authorities will often use high-profile cases for symbolic purposes or to support their political parties' agendas. Instead, they may decide to remove these sources and favour those whom they consider less guilty or less offended. Prosecutorial discretion already exists at so many stages of the criminal justice system, which is exactly where a good example comes from. Prosecutors might choose to give low priority to cases that involve only minor crimes, in which they have insufficient evidence, or when these should be redirected into alternative resolutions. In situations where the charge is filed, the prosecution is permitted to seek plea bargains, which will mean that the accused are pleading guilty to lighter charges or a lower sentence in exchange for full charges. Prosecution officers can decide to drop charges or minimize sentences on defendants who cooperate with law enforcers or give evidence of paramount importance. In these illustrations, which are only some of the areas of authority prosecutors enjoy, the magnitude of prosecutorial discretion is shown and how it affects the outcomes of criminal cases.[] [Nancy Vigne. SPECIAL REPORT: WRONGFUL CONVICTIONS. 2023, pp. 1–64.]
The Role of Plea Bargaining in Wrongful Convictions
Explanation of Plea Bargaining
Bargaining is the process of renegotiating the position of the defence and the prosecution where the defendant agrees to plead guilty to a lesser charge or probation instead of a more serious charge, and the prosecution agrees to recommend a lighter sentence by the judge. Plead help substantially and achieve a conviction for offenders with minimal use of time and funds. While plea bargaining can be a way to dispose of cases easily, it can also put innocent defendants under pressure to accept deals which will spare them the harsh sentence they would have been if convicted at trial.[Nancy Vigne. SPECIAL REPORT: WRONGFUL CONVICTIONS. 2023, pp. 1–64.]
Statistics on the Prevalence of Plea Deals
Plea bargaining has emerged as the main means of case adjudication in the contemporary criminal justice system, which is reflected in the fact that around ninety-five per cent of all criminal cases are settled by means of guilty plea agreements instead of criminal trials. According to statistics, more than 90% of criminal cases in the US are concluded by plea bargains. Being a common practice, it points to the enormous responsibility of plea bargaining in juvenile justice legislation, where it envisions results and decides the fate of the accused.[Anna Vaynman and Mark Robert Fondacaro. “Prosecutorial Discretion, Justice, and Compassion: Reestablishing Balance in Our Legal System.” SSRN Electronic Journal, 2021.]
Cases of Innocent Defendants Coerced into Pleading Guilty
Despite its widespread use, plea bargaining has raised concerns about its potential to produce wrongful convictions, particularly when innocent defendants are coerced into pleading guilty. Many instances have been reported where people who turned out to be actually innocent accepted the plea bargains out of coercion or ignorance. These examples have proved that if the implicated people do not have the resources and the lawyers match their prosecution, plea bargaining turns out to be the only option that would exhaust the systemic pressure and reward it. The reasons behind plea bargaining and the handling of innocent cases become a matter of urgency for upholding judicial justice.[Megan Shima et al. Inside the Black Box of Prosecutor Discretion inside the Black Box of Prosecutor Discretion Recommended Citation Recommended Citation. 2020, pp. 1–58.]
Causes and Consequences of Wrongful Convictions
Unjust convictions are due to several routes of in-built deficiencies within the judicial system, which leads to exploitation of prosecutorial powers, neglect of the check and balance rulers and deficient representation in defence. The presence of these conditions causes a situation wherein innocent people can be wrongly convicted, which then brings great problems like psychological trauma and loss of freedom and rights. Comedy in film is linked to the humanization aspect of the script and the storyline. Therefore, the roots and effects of the systems must be rectified to ensure that justice is retained for people who have a justifiable right.
Factors Contributing to Wrongful Convictions
The misuse of prosecutorial discretion represents a critical factor contributing to wrongful convictions. Prosecutors, vested with broad authority, may wield their discretion in ways that prioritize conviction rates over the pursuit of truth and justice. One of the means by which the justice system may wrongly convict the innocent is sometimes demonstrated in pressing charges even with weak evidence, reluctance to consider exonerating evidence or opposing the defendant's offers of plea bargains when innocent. Discounting such misuse by the ju...
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