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henryprofessor
School: Rice University

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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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