Prosecutorial Discretion In Criminal Justice Cases

Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. In some cases, determining between life and death. While it is important that an individual in a position that has vast knowledge of the criminal justice system, such as a prosecutor, be able to make these decisions without bias or malicious intent. I do believe that too much of that

decision-making prowess lies at the hands of just one individual, in my opinion it should be a group decision determined by individuals who possess knowledge of the criminal justice system and can apply it reasonably.
A major issue with prosecutorial discretion is the inconsistency with which criminal charges may be brought upon.

For example, alleged possession of a recreational drug may lead to criminal charges in one state but not another. In another instance, a prosecutor may charge an individual with a felony yet in a different state the same case may be charged as a misdemeanor or no charge at all. Other issues may revolve around the amount of evidence needed to bring upon charges, in one state the amount of evidence may be insufficient to bring upon charges but, in another state, the same evidence may be enough to bring upon charges. While there is no "easy" solution to any of these issues, there should be a focus on providing clear guidelines for prosecutors on what amount of evidence is worthy of taking on a case, whether a certain crime should be charges as a felony or misdemeanor,

etc.
Lastly, another issue includes the criminal justice systems heavy reliance on the prosecutor's discretion. As stated previously, I believe that the various decisions that a prosecutor is tasked with should be delegated amongst other capable officials. As of right now the prosecutor is solely responsible for making those decisions without concern that any other official within the criminal justice system will overturn/overrule their decision, to me that is a huge mistake. While I understand that prosecutors are extremely qualified to make these decisions, as a part of human nature mistakes are possible. Without some sort of checks and balances to be sure that decisions on whether to pursue a case and what charges to pursue are correct and appropriate, there may and have been instances where a case was dropped when it shouldn't have or vice versa. Without other officials determining and reviewing whether these decisions are correct, opportunities to rectify these decisions are lost.