Plea bargaining

US Law

“To Seek Justice, Not Merely to Convict”: Prosecutorial Power and the Case for Restorative Justice

March 26, 2018 Jackson Skeen 0

  How Do Prosecutors Impact Incarceration? There are three significant ways in which prosecutorial power feeds mass incarceration: abuse of discretion, misconduct, and political influence. Prosecutors’ aggressive use of discretion, while legal, has sent more and more people to prison even as crime rates and arrests have dropped off. Prosecutors have increasingly filed felony charges in an effort to be perceived as “tough on crime” and in the name of public safety — but at what cost? The exponential growth of the U.S. prison population has placed a substantial economic burden on taxpayers and, more importantly, it has torn apart the social fabric of communities ravaged by mass incarceration. Moreover, social scientists have determined the incarceration rate is now so high that the excessively punitive approach of prosecutors is likely harming, rather than benefitting, public safety.[1] Prosecutorial misconduct, while less prevalent, is particularly problematic because it epitomizes the imbalance of […]