The Pros and Cons of Prosecutorial Discretion
I. Introduction
Prosecutorial Discretion is a power entrusted to prosecutors in criminal law matters, allowing them to decide which charges to bring against an individual and whether to pursue prosecution at all (Jones v. State, 1982 OK CR 196). However, it is important to note that this decision-making authority has limits. Prosecutions must not be based on unjustifiable factors such as race, religion, or arbitrary classification (State v. Thomason, 2001 OK CR 27). This article delves into the various advantages and disadvantages of prosecutorial discretion.
II. Advantages of Prosecutorial Discretion
1. Efficiency and Resource Management
One significant benefit of prosecutorial discretion is its ability to allocate limited resources efficiently. Prosecutors can focus their efforts on cases that have a greater impact on public safety or higher priority (Mesrobian, Carrie, "What is Prosecutorial Discretion?" 2022). By exercising discretion, prosecutors can direct resources towards cases that have a higher chance of successful prosecution, optimizing time and taxpayer money (Mesrobian, 2022). Given the finite resources available to prosecutors and partnering agencies, this is crucial.
2. Individualized Justice
Prosecutorial discretion provides the flexibility to consider unique circumstances in each case. This allows prosecutors to take into account factors such as the defendant's prior criminal record, the impact on victims, and the potential for rehabilitation (Civitas, "Prosecutorial Discretion: The Good and the Bad", 2013). This individualized approach ensures fair and just outcomes tailored to the specific circumstances of each case. For instance, in a 2019 incident in Reidsville, North Carolina, where a business owner shot and killed an individual who charged at them, the district attorney used prosecutorial discretion not to file charges—avoiding unnecessary costs and delays (Civitas, 2013).
3. Diversion and Alternative Sentencing
Prosecutorial discretion allows for the use of diversion programs and alternative sentencing options, particularly for non-violent offenders. Diversion programs aid in reintegrating individuals into society, reducing the likelihood of reoffending and easing the burden on the criminal justice system. In Tulsa County, for example, there are specialty courts and diversion programs such as Mental Health Court, Drug Court, 1st Step Male Diversion Program, Misdemeanor Diversion Program, Women in Recovery, and the ARISE program.
III. Disadvantages of Prosecutorial Discretion
1. Inconsistent Application
The discretionary nature of prosecutorial decisions can result in inconsistent charging and plea-bargaining practices (Civitas, 2013). This inconsistency can lead to unequal treatment of similarly situated individuals, undermining the principle of equal protection under the law. A comparison between Kay and Cherokee counties in Oklahoma highlights how analogously situated individuals can be treated differently due to prosecutorial discretion (Gentzler, Ryan. "'Prosecutorial discretion' makes Oklahoma's justice system a roll of the dice," 2019). By 2015, Kay County filed 3,100 felony cases per 100,000 residents, while Cherokee County only filed approximately 1,700 cases. This demonstrates how discretion can create disparities.
2. Implicit Bias
In addition to inconsistent application, prosecutorial discretion may be influenced by unconscious biases, perpetuating systemic disparities within the criminal justice system (Levinson, Justin D., Smith, Robert J., "The Impact of Implicit Bias on the Exercise of Prosecutorial Discretion"). Unchecked discretion can exacerbate existing inequalities based on race, socioeconomic status, or other factors (Levinson and Smith).
3. Lack of Accountability
The exercise of prosecutorial discretion is largely shielded from judicial review, making it challenging to hold prosecutors accountable for their decisions (Jack, Emma. "Why Holding Prosecutors Accountable Is So Difficult," 2020). This lack of oversight can lead to an abuse of discretion, arbitrary decision-making, and instances where prosecutors act based on personal motives instead of the interest of justice (Jack, 2020).
IV. Conclusion
In conclusion, prosecutorial discretion offers several advantages, including resource efficiency, individualized justice, and alternatives to traditional sentencing. However, it also presents drawbacks such as inconsistent application, implicit bias, and a lack of accountability. To mitigate these risks, it is crucial to establish guidelines that ensure consistent and fair application of prosecutorial discretion while maintaining appropriate checks and balances.
Written by Brian J. Boeheim and Skylar Bell
Brought to you by: Boeheim Freeman Law - www.onyourworstday.com
References:
- Jones v. State, 1982 OK CR 196
- State v. Thomason, 2001 OK CR 27
- State v. Haworth, 2012 OK CR 12
- Mesrobian, Carrie. "What is Prosecutorial Discretion?" 2022. https://www.rasmussen.edu/degrees/justice-studies/blog/what-is-prosecutorial-discretion/
- Civitas. "Prosecutorial Discretion: The Good and the Bad." 2013. https://www.nccivitas.org/civitas-review/prosecutorial-discretion-good-bad/
- Gentzler, Ryan. "'Prosecutorial discretion' makes Oklahoma's justice system a roll of the dice." 2019. https://okpolicy.org/prosecutorial-discretion-makes-oklahomas-justice-system-roll-dice/
- Levinson, Justin D., Smith, Robert J. "The Impact of Implicit Bias on the Exercise of Prosecutorial Discretion." https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=2082&context=sulr
- Jack, Emma. "'Why Holding Prosecutors Accountable Is So Difficult." 2020. https://innocenceproject.org/why-holding-prosecutors-accountable-is-so-difficult/
- Ablison. "Pros and Cons of Prosecutorial Discretion." https://www.ablison.com/pros-and-cons-of-prosecutorial-discretion/
- American Bar Association. "ABA Releases New Guide to Understanding Prosecutorial Discretion." https://www.americanbar.org/news/abanews/aba-news-archives/2020/06/aba-releases-new-guide-to-understanding-prosecutorial-discretion/The Pros and Cons of Prosecutorial Discretion