Apr 13, 2009

Policing Prosecutors

Some resources below for a needed reform: Policing the prosecutor.

Prosecutors tend to forget such notions as public interest, justice and prosecutorial discretion, instead focusing on political careers and an unthinking, rabid utilization of the power of their offices.

From the Justice Project:

Prosecutors decide which charges to bring, what plea bargain to offer, and what sentence to request. Their decisions have far-reaching consequences on defendants, victims, their respective families, and the general public. Given the special duties of prosecutors, and the broad power they exercise in the criminal justice system, it is critical that prosecutors discharge their duties responsibly and ethically.
See Prosecutorial Accountability, The Justice Project and Improving Prosecutorial Accountability: A Policy Review.


The Justice Project’s Recommendations to Ensure Prosecutorial Accountability

- States should require that prosecutors’ offices adopt and enforce clearly defined official policies and procedures.
- States should require open-file discovery in criminal cases.
- States should require that prosecutors document all agreements with witnesses and jailhouse informants concerning conferment of benefits of any kind.
- States should require trial and appellate judges to report all cases of prosecutorial misconduct, including cases where the misconduct is ruled to be harmless error.
- States should establish a prosecutor review board with the power to investigate allegations of misconduct and impose sanctions.
- States should require that prosecutors participate in training and continuing education programs.

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