6.3 critical thinking
DESCRIPTION
Discuss examples of prosecutorial discretion.Do prosecuting attorneys have too much power?TRANSCRIPT
Melissa Hinton
CJUS 2050
6.3 Critical Thinking Exercise
Discuss examples of prosecutorial discretion. Do prosecuting attorneys have too much power?
A. Prosecutorial discretion—authority of an agency or officer to:a. Choose whether or not to bring criminal charges
i. Ex: A prosecutor brings lesser charges against a defendant to expedite plea bargaining
ii. Ex 2: During the civil rights, white prosecutors in the South refused to bring whites up on charges for crimes against African Americans, even though evidence was present
b. Decide the nature of chargesi. Criminal or civil
c. Recommend plea bargaining or sentencei. A guilty person where the prosecution doesn’t have a wealth of evidence, but
still have enough evidence to convict, may lead a defendant to take a plea agreement. Otherwise, prosecutors may seek maximum sentences in any cases.
d. Applies in civil, administrative, and criminal situations