Describe the prosecutor's discretion in the manner in which the law can be enforced and adjudicated. How is their discretion an ethical issue?
What will be an ideal response?
Prosecutors have a large amount of discretion in the criminal justice system. They decide what case to prosecute, what charges to file, whether or not to accept a plea bargain, and what sentence to recommend. Thus, they have discretion at virtually all important decision points in the criminal justice process. Their discretion continues to expand as the adoption of mandatory minimum sentence laws and truth-in-sentencing laws reduce the judge's authority in sentencing. This shift away from judges has been criticized for placing too much power in the hands of one person. Clearly, prosecutors have opportunities to misuse their discretionary powers because of the tremendous scope of their authority. Without a strong underlying ethical systems, prosecutors may be tempted to misuse that authority.
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