Essay about forum3

2. List the questions raised about this situation or that you think that the investigators should ask of the

9) In your own words, briefly (two paragraphs) summarize what happened originally to cause this case. I am not looking for a full accounting of the activities of those involved, I want a brief synopsis of what happened ie: someone was arrested, searched and/or detained that led to charges and eventually to this case.

To say that one reason prosecutors engage in misconduct is because the U.S. criminal justice system favors convictions over justice is too vague of a term and it is not necessarily this way. There are other factors that needs to be taken in consideration and it is too skeptic to say it this way for all prosecutors. To encourage justice over convictions, one can participate by giving more training to prosecutors, investigate thoroughly before pressing any charges, and pursue the truth of the case instead of thinking ways to be promoted. Prosecutors are the administrators of justice at trial and they should uphold constitutional rights of everyone involved. The reactions would be overwhelmingly crazy and shocking if we started charging prosecutors

Prosecutorial Discretion comes from the Bordenkircher v Hayes (1978) case. The Supreme Court ruled “ so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” (Whitebread, Slobogin, 2008, p591) Some states require the prosecution to give them a detailed written reason as to why they chose to dismiss a case. In most cases, the prosecutor has absolute authority and are rarely challenged. Similar to most government officials, prosecutors also have both legislative and administrative restrictions.

Prosecutorial misconduct is defined as the use of deceptive, illegal or reprehensible methods used by a prosecutor, to attempt to persuade either the court or the jury. Wrongful convictions in this country are nothing new to the criminal justice system. They are as old as the system itself, and they will continue to exist as long as the fallibility of human judgment continues.

Like police officials, the public views prosecutors as the heroes in criminal cases because they are the ones who are acting for the good of the people, helping to fight crime, and ensuring the safety of the public. Or so we are lead to believe. However, many cases like the Nicarico case or the Rivera case show that the prosecutors are doing the opposite, and are instead hurting innocent people. In the Nacarico case, one instances of misconduct was when the prosecutor collaborated with their lieutenant, stating that he had been aware of the statement made by Cruz and was listed by the prosecution as a witness. However, later it came to light that the lieutenant was not in fact made aware of the “statement.” Even though there had been no written record of such a statement, simply because the right people claimed it occurred, the common trust bias in prosecutors and police officials cause the state of Illinois to pursue Cruz for over twelve

Indeed, prosecutorial misconduct is an issue, a severe issue, but the rare occurrence does not dictate that the criminal process is broken. In fact, it could be argued, and should be argued, that the process prevents greater atrocities, including prosecutorial misconduct, from occurring.

Here are some of the most important factors to a prosecutor: Political Aspirations: prosecutors often run for office or seek political appointments. As a result, they are keenly aware of the image prosecuting a particular offense sends the community. Even if the evidence is questionable, if there is considerable community outrage, a prosecutor may decide to pursue a case. Alternatively, certain crimes will almost always be prosecuted, because not prosecuting them sends a bad message (e.g., DUIs). Office Policies: prosecution offices often have policies regarding which crimes they want to prosecute.

Recent challenges to police power have raised public interest in the secretive grand jury process and the prosecutor’s role in that process around the United States. Grand jury proceedings often remain a mystery to the average American, until he or she is actually involved in the indictment process. These private court room investigations employ no judge and usually no attorneys except the prosecutor. (Find Law, 2014, pg.1) Current state law prevents prosecutorial misconduct by both case law

Discuss some of the potential effects of the news media presenting an unbalanced picture of overall crime (skewed toward sensational crimes) on the criminal justice system and society in general.

In the American system of law, the prosecutor is without a shadow of a doubt the most powerful actor. They are tasked with the execution of justice on our collective behalf. They possess the power to prosecute crimes, they control what evidence is shown to the grand jury, recommend prison sentences, maintain custody of evidence, can choose what is and is not evidence, they have major influence on other law enforcement actors, and have near total control of the plea bargain process. With these aforementioned powers they have the power to either serve justice or ruin lives. With the decision to charge a person with a crime they can do irreparable damage to a person’s reputation, business, livelihood, and family.

Charlotte Crawford notes in her article posted in the Howard Law Journal that prosecutors are given quite the public platform in which to advance their careers while working in the office of the prosecutor. And many prosecutors launch their careers and are promoted or elected to District Judgeships, Attorney Generals, or even Governors. Moreover, even if prosecutors choose not to advance their career through government justice departments, they are more times than not seated in some prestigious law firm that bears abundant reward.

A few problems that arise when the prosecutor has power and discretion, is the fact that they decide what charges to apply to a crime. Citizens desire that prosecutor utilize their "power wisely and justly" (Bohm & Haley, 2014, p. 287). This authority provides the foundation for plea bargaining. Prosecutor utilizes their power to recommend a costly bail, it is used in the charging of the elite with a slap on the wrist, over the less fortunate with the same crime. Prosecutors have "the ability to exercise discretion in each individual case" (Simmons, 2017, p. 502). Prosecutor plus misappropriated power equals problems.

In addition, there may be improper internal influences on judges. Judges must also be afforded

Hey, it’s soli here. I made this post because I’ve noticed some things about this place that strike me as issues. These applies to everyone, no specific person or group. No vagues. Everyone. These issues I see not only applies to the people I don’t really know very well as well as those I consider very close friends of mine. If you notice that anything I’m talking about applies to you, please take into careful consideration before retaliating - we already have enough of that here, and I don’t mean to say that to be an “uwu peacemaker” or a “minimod”. I do also realize that many of these attributes apply to me as well as others, so any hypocrisy… I’ve noticed. Without further ado, my complaints: