The Solution to Abuse of Prosecutorial Discretion Paper

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Research Project Part Two: Advocacy Like the Contexts Project, the main assignment here is a multimodal composition that uses various rhetorical positions and different types of evidence. While the CP asked you mostly to describe the landscape of the problem, the AP instead asks you to argue about efforts to address the problem you described. Over the course of these next few weeks, as you research and evaluate various sources, and as you draft, craft, and organize your thoughts and evidence, you will eventually have to 1) describe, analyze, and evaluate one or more efforts to address the significant and current political/social/cultural problem that sits at the center of your project. From there, you will have to 2) argue which of the efforts to address the problem work best, explain why, and offer possible next steps; OR make the case that none of the efforts to address the problem works, explain why, and offer possible next steps. In other words, your arguments for advocating solutions in combination with the analytical reasons you provide for why you have chosen to focus on particular solutions will after weeks and weeks of diligent engagement become a richly-textured thesis statement, one that deepens your articulation of the problem at hand and argues for convincing for ways to move forward. When we think of the act of advocating and when we imagine a person or an organization who is an advocate for a cause, we think of strongly held opinions delivered with intensity from a rhetorical position that appears unshakable, deeply confident in the ethical rightness of its arguments and the accuracy of its knowledge. If we look at advocacy in this way, we can understand why it takes time to become a convincing advocate, and that advocacy, even when it is delivered in the form of a thesis-driven composition, is a form of argumentation that can be quite different from the balanced arguments we often think of as academic writing, even if it is as rigorous in its presentation of evidence. This is not to say that academic writers are not advocates. They are, and over the course of this project, you will become such an advocate—one who uses academic research and methods to deliver persuasive arguments convincingly to a public of one’s peers. Academic writers in many disciplines often write with the purpose of advocating for solutions to political/social/cultural/environmental problems. When they do so, they are expected to consider and present positions that run against theirs in various ways – call them counterarguments – in order to meet the expectations of their academic audience. They must demonstrate their mastery of established arguments and knowledge in areas of discourse and recognize the legitimacy of other perspectives, even if the author seeks ultimately to dismiss them. In the realm of public advocacy, arguments and persuasion can look, feel, and sound quite different. Public advocates deliver strong and impassioned arguments by undermining counter arguments. They do so by choice and with knowledge about the various perspectives and pieces of evidence that may potentially undermine their case. When putting forth arguments in academic or public settings, the most convincing advocates do not simply put forward solutions without first comprehending the informed debates in which these solutions are situated. Rather, successful advocates draw from a deep well of knowledge when carefully selecting the evidence and rhetorical appeals that will make their case about how to address the profound social problems they put before their audiences. 1 This assignment challenges you to become that strong advocate, one who delivers convincing solutions to a current and pressing political/social/cultural problem. You cannot, in all likelihood, be this advocate at the beginning of the project. You will need to spend time researching and evaluating sources; you will need to explore various arguments and perspectives as you write proposals and drafts. At some point, however, after deepening your knowledge and maybe even after writing a full draft or two, you will need to choose a position to advocate. Assignment Requirements The Graded Submission: In Week 9 or thereabouts, you will submit your advocacy composition for a grade. The Ungraded Work: Between now and the submission deadline for the final version in Week 9, your instructor will give you a number of assignments to complete. All of these assignments are ungraded, and they give you lots of artifacts to use in your ePortfolio! Take advantage of these ungraded assignments; use them to explore ideas and various arguments and as opportunities to receive feedback from your peers and your instructor so that your arguments become clearer and your composition more cogent, richly textured, and gracefully organized. If you complete all of the ungraded work, you put yourself in a much better position to turn in a well developed submission by the time the final deadline arrives. If you do not do the ungraded work, your final product will have to contend with the final products of others who have and who will therefore turn in work that is of higher quality. The Word Counts for the Multimodal Composition: (Include notes and in-text citations but not the bibliography) -Draft: 1850 words -Graded Submission: 2500 words Sources & Citations: You should use at least 10 sources beyond the sources you’ve been assigned in class or used in your first essay. Use the MLA system for citing your sources.
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Running head: SOLUTION TO ABUSE OF PROSECUTORIAL DISCRETION

The Solution to Abuse of Prosecutorial Discretion
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SOLUTION TO ABUSE OF PROSECUTORIAL DISCRETION
The Solution to the Abuse of Prosecutorial Discretion
Introduction
Prosecutors wield extensive powers in the criminal justice system to the extent that
accountability of their actions and decisions during the trial, conviction, and sentence of
defendants is limited or non-existent. In this regard, the American criminal justice system
consists of internal processes and procedures that are established to correct a violation of rules to
maintain the integrity and protect their capacity to ensure fairness and justice for all (Boehm
614). While the ethics of the profession and law requires the prosecutor to draw the line between
justice and injustice regardless of the interests, cases of the misuse of the discretion to charge
offenders are prevalent in the United States. Also, the level of trust that is bestowed on these
attorneys makes the instances of overcharging, witness and evidence tampering, undercharging
and overcharging, Brady violations, suborning perjury, and racial biases as raised the rate of
scrutiny against prosecutors by civil rights advocacy groups. However, the principles of absolute
and qualified immunity make the adverse consequences that prosecutors face when they misuse
their authority to charge offenders and recommend appropriate punishments to the courts. Also,
the Appellate Court's power to overturn conviction due to prosecutorial misconduct,
compensation to the victims, and disciplinary actions are some of the examples of the measures
that have been used to disregard these immunity and protect the integrity of the system Sadly,
when any of these measures are used, the erring prosecutor is neither cited, suspended from
practice, fined, censured, nor made to assume any civil liability. The critical analysis of the
efforts to reduce the increasing cases of prosecutorial conduct through judicial redress,
professional disciplines, and juror admonitions revealed that they consist of elements that are
misaligned with the legal and judicial realities of prosecutorial discretion. Therefore, the
adoption and implementation of the independent prosecutorial oversight model remain t...


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