Final Informative Report

 

 

 

 

 

 

Powers of Prosecutors in the United States

 

Naomy Rodriguez

Department of English, John Jay College of Criminal Justice

ENG 201: Composition 2: Disciplinary Investigations Exploring Writing across the Disciplines

Professor Nargiza Matyakubova

February 27, 2022

 

 

 

 

 

 

 

 

 

 

 

 Powers of Prosecutors in the United States

Prosecutors play an important role in our legal system. Prosecutors are a public, elected government official who charges someone of committing a crime (Oxford Dictionaries, n.d.). Prosecutors have a variety of duties that may change or vary across jurisdictional limits. All components of a criminal case may be included in these responsibilities. That is, “…many prosecutors are in charge of all phases of a criminal proceeding, from investigation by the police through trial and beyond to all levels of appeal” (Britannica, 2019).

In other countries, such as France, public prosecution is handled by a single office with members in all of the country's courts. A unitary court system coexists with a public prosecutor's office in Japan as well. In the United States however, states and counties, have their own attorneys. Only at the federal level is the structure uniform, with the US attorney general's office appointing a district attorney to each federal district (Britannica, 2019).

In various countries, prosecutors' jobs and even how they are elected differ. Prosecutors in the United States have a wide range of authority. Charges, plea bargaining, and investigation authority are among them. They might even be able to influence bail. Despite their vast powers, they are bound by federal laws and must follow a set of guidelines. But, before studying these powers, it's necessary to look at how they're elected.

Most state and municipal governments in the United States elect prosecutors. On a state level, they are part of the executive branch of government and are usually replaced when a new administration takes power, which has an impact on prosecutor elections. As a result, prosecutors may be exposed to political pressure. This was not always the case, even though they are elected.

 

 

Election of Prosecutors

            Prosecutors in the United States are elected as opposed to those in other countries. Prosecutors, however, were not always elected officials. The idea of making prosecutors political politicians did not take hold until the 1820s and 1830s. Governors would choose prosecutors to "...reward their allies and punish their enemies" during the time (Ellis, 2012). This method was causing a growing percentage of voters to be dissatisfied. In general, these appointments were uncontrolled and skewed. Prosecutors began to have a bigger role in the criminal court system at this time. They had also obtained discretionary powers over prosecutions at the same time. As a result, voters began to lose faith in the appointment process and turned to elections.

Powers of Prosecutors

Charging Power

            The prosecutor's charging authority is the most essential of the prosecutor's many responsibilities and obligations. It is frequently the foundation of a prosecutor's power or influence over the entire legal system. Prosecutors decide not only whether or not to charge someone with a crime, but also what charge should be filed. If a police officer has reasonable grounds to believe that someone has committed a crime, he or she cannot decide whether or not the person will be charged formally. The prosecutor is in charge of making the decision, and he or she has nearly complete discretion. The charging decision is significant because it determines whether an individual might face criminal charges and, as a result, lose their freedom. Even in areas where grand juries investigate and bring charges through the indictment process, prosecutors have a lot of power at this point (Davis, 2010).

            An example provided by Davis is when an individual is arrested because of cocaine possession. She claims that the prosecutor has a variety of choices in this case. Even if there is enough evidence to create a case against the person detained or even prosecute, the prosecutor may drop the case. Even a judge will not be able to overturn this decision. Few people are aware of pre-charge dismissals, according to Davis, because they are normally done in the seclusion of the prosecutor's office. Because there is never a formal charge before these dismissals, there is no need to argue before the judge or engage a defense attorney (2010).

            However, if the prosecutor decides to file formal charges against the defendant, have a lot of flexibility in determining what charges to file. Most of this is determined by the facts of the case. A prosecutor's arsenal of prospective charges can "...include possession of cocaine, possession with intent to distribute cocaine, and distribution of cocaine if a person is arrested in possession of a quantity of cocaine" (Davis, 2010). The significance of this decision cannot be underestimated. Possessing cocaine is a misdemeanor punishable by up to a year in prison in most states, while possessing cocaine with the purpose to sell it and distributing cocaine are felonies carrying a mandatory minimum penalty of incarceration. Depending on the statute of the state in which the offender is tried, the statutory prison sentence could range from five to ten years, or perhaps more. If the person has past offenses, the required sentence can be enhanced. Furthermore, drug prohibitions enacted by the federal government carry far harsher punishments.

            In order to be prosecuted with possession or possession with intent to distribute, most drug laws in the United States do not need the offender to have a specified quantity of the narcotic. Even if the quantity is large enough for a judge or jury to infer that the defendant possessed the material for the purpose of sale, the prosecutor may choose to charge the defendant with mere possession of cocaine. A prosecutor, on the other hand, could charge the defendant with possession with intent to distribute even if the amount appears to be negligible. That is, if he or she feels there is proof or reasonable grounds to assume the defendant intended to sell the quantity it had (Davis, 2010). As a result, prosecutors' ability to prosecute is critical. This is because the charge leveled against the defendant may determine his or her legal status.

Plea Bargains

            In the United States, most criminal prosecutions end in plea agreements rather than a jury trial. Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to part or all of the accusations against them in exchange for concessions from the prosecution (Cornell Law School n.d.). To put it differently, plea bargains are agreements reached between prosecutors and defendants to avoid a trial. As a result of these deals, prosecutors have more time and energy to devote to other cases, while judges have fewer trials to monitor (Cornell Law School, n.d.). Furthermore, they allow prosecutors to avoid costly, labor-intensive, time-consuming trials that do not always ensure success.

            Plea bargaining is also the primary means through which judges, prosecutors, and defense attorneys collaborate and work toward their individual and collective goals. The main benefit of plea bargaining for both the prosecutor and the defense is that there is no risk of a complete loss at trial: neither the defense nor the prosecution "loses," and they both receive what they want. Bargains can be a realistic strategy for lawyers to reduce their potential damages by agreeing on some items, especially when the evidence for or against a defendant is ambiguous (Meyer, 2009).

            Plea bargains benefit prosecutors in general because they increase the likelihood of a conviction and thus improve their conviction rates. Plea bargains are frequently used to entice defendants to testify against others, according to Meyers (2009). As part of a plea deal, prosecutors usually try to reduce a defendant's term or punishment. This is accomplished by either lowering the severity of the charges or lowering the number of charges brought against the defendant. Some plea bargains demand defendants to do more than just plead guilty. Prosecutors, for example, frequently offer defendants favorable plea deals if they agree to testify for the prosecution in subsequent cases (Cornell Law School, n.d.). "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining" due to the nature of plea bargains (Devers, 2011).

Bail

            Despite the fact that it is not their duty, prosecutors have the ability to influence the amount of bail set. Bail is money that defendants must post in order to be released from custody pending their trial, according to the American Bar Association. Bail is not a fine or a sentence. Its intent is “… to ensure that defendants will appear for trial and all pretrial hearings for which they must be present” (2019). Bail guarantees that defendants will appear in court for future sessions. Prosecutors, according to the Vera Institute of Justice, are crucial in the bail process. This is because one of the most important variables in determining this is their advice (n.d.).

Investigative Powers

            If prosecutors believe, if for some reason, that a legal infringement has happened, they may have the authority and responsibility to investigate on their own, even in the absence of information from the police or other parties. According to the American Bar Association, a prosecutor should analyze search warrant petitions before submitting them to a judge when working on a case. The prosecutor should encourage police and law enforcement officers to submit search warrants to the prosecutor for review and approval before presenting them to a court officer in all such circumstances (n.d.). Prosecutors are bound by rules and regulations as a result of their investigative abilities.

 

 

Conclusion

            Prosecutors have an important role in criminal proceedings. They are elected public authorities who charge someone of committing a crime. It is their responsibility to uphold and follow the law. Prosecutors have a wide range of authorities, including the ability to charge someone with a crime, negotiate a plea, conduct investigations, and occasionally influence bail.

            Prosecutors decide not only whether or not to charge someone with a crime, but also what charge should be filed. Additionally, they avoid trials by forming deals with the defendants through plea bargains. In exchange for pleading guilty, they frequently agree to drop or lower the severity of charges. These powers come with many rules. To protect the integrity of prosecutors and defendants, the American Bar Association created Rules of Professional Conduct.

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Britannica. (2019, October 16). Prosecutor. Encyclopædia Britannica. https://www.britannica.com/topic/prosecutor.

Cornell Law School. (n.d.). Plea bargain. Legal Information Institute. https://www.law.cornell.edu/wex/plea_bargain.

Davis, A. J. (2010, February 1). The Power and Discretion of the American Prosecutor. Droit et cultures. Revue internationale interdisciplinaire. https://journals.openedition.org/droitcultures/1580?lang=en.

Devers, L. (2011, January 14). Plea and Charge Bargaining Research Summary . Bureau of Justice Assistance. https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/PleaBargainingResearchSummary.pdf.

Ellis, M. J. (2012). The Origins of Elected Prosecutor. The Yale Law Journal. https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5513&context=ylj.

How Courts Work. American Bar Association. (2019, September 9). https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/bail/.

Meyer, J. F. (2009, April 15). Plea bargaining: Additional Information. Encyclopædia Britannica. https://www.britannica.com/topic/plea-bargaining/additional-info#history.

Oxford Dictionaries. (n.d.). prosecutor. prosecutor noun - Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com. https://www.oxfordlearnersdictionaries.com/us/definition/english/prosecutor.  

Where Should You Start? Vera Institute of Justice. (n.d.). https://www.vera.org/unlocking-the-black-box-of-prosecution/for-prosecutors.