Introduction
Determining justice can be a very difficult and weighty responsibility that is typically placed on the shoulders of a few individuals. Their decisions can impact the number of charges that are filed against a defendant as well as whether or not justice was distributed fairly. The discretion that a prosecutor has to determine the appropriate course of action in light of changing laws impacts everyone, but particularly those from marginalized communities.
How can we best use our power to try to distribute justice to all people?
Define Prosecutorial Discretion
This post by one of the attorneys at Vasquez Law Firm explains what prosecutorial discretion means and how it plays out in the rest of the criminal justice system as the prosecutors in a particular case try to make the best decision they can and try to focus on the serious cases in order to make the most efficient use of the resources of the justice system as possible with due regard to the many effects that their decisions will have. For example:
- About 14% of all cases are resolved as a deferred judgment for first-time offenders.
- Another 20.6% of all cases are dismissed in their entirety.
As mentioned above, the ethical obligation of a prosecutor is to file charges for which there is probable cause to believe that the accused committed the offense that is alleged. In making a decision with respect to the number of cases that it is prudent to file in order to make the best use of the resources of the justice system, the prosecutor must use his or her best judgment.
What does prosecutorial discretion mean? It can lead to some pretty unfair circumstances and they do occur with regularity. There are many instances of disparities in how similar crimes are charged for individuals of different races and nationalities. Black and brown people are charged with crimes at a higher rate than their white counterparts for similar offenses. These disparities occur because of inequity in our justice system and lead to a great deal of distrust in the system by many underprivileged groups of people.
At Vasquez Law Firm, we strive to provide our clients with the best possible legal representation. We have many clients who cannot afford to pay for legal services on an up-front basis. Because of this, we handle personal injury cases on a contingency fee basis. We also have created payment plans that can be adapted to our clients’ financial means. Our model is to be able to provide legal services to individuals who cannot afford to pay for legal services on an up-front basis.
Contextualize Its Role in the Criminal Justice System
Like knowing how your case will end before it does, most people are interested in learning how their case will look before it is concluded. As stated above, a lawyer has limited control over a case; however, most try their best to be fair and just in handling a case. For example, ABA Standards for the Prosecution Function require that a case be charged for prosecution when there is sufficient information to believe that there is probable cause that a crime has been committed and there is sufficient evidence to prove the charges at trial. A prosecutor’s intent in charging a case for prosecution is to try to win the case. It would be a waste of state resources to try a case that the prosecutor expects to lose. For example, a judge might sentence a person who used rioting to damage property to community service.
Many of these progressive district attorneys are trying to reform the criminal justice system in various ways including the diversion of low-level crimes from the traditional prosecution and sentencing model and decreasing the number of people that need to be incarcerated for various crimes. However, there is significant resistance to these efforts from various government agencies and offices, and so far two State Attorneys have been suspended from office in attempts to curb their independent discretion in cases they are prosecuting. The Supreme Court has consistently upheld the broad discretion that prosecutors have in exercising their own judgment in individual cases, and it will be interesting to see how effective these challenges to that discretion will be.
Explore the Historical Development of Prosecutorial Discretion
The decisions of the prosecutor can have very serious consequences for the accused as well as for the family and friends of the accused. Until recently, many district attorneys worked with the goal of winning their cases at all cost. Until recently, this meant that the lives of others and their well-being were sacrificed for the sake of winning. The thoughtful exercise of judgment is required to achieve true justice.
A number of landmark cases have defined the scope of the term of “prosecutorial discretion” and worked within the constitutional parameters to achieve ends of justice and fairness in order to guard against abuse of discretion and any form of discrimination. Many current cases are being decided in the courts with the aim of ensuring that the district attorneys are making the best possible decisions with a view to being fair in the criminal justice system.
The public’s perception of the criminal justice system is often severely affected by the decisions made by the district attorneys and thus it is very important for the public to be made aware of the term “prosecutorial discretion” and how it is utilized within the criminal justice system. All of the decisions of the district attorneys are supposed to be within the parameters of the constitution and in line with their objectives of fairness.
Organizations such as the American Bar Association are striving to achieve the best possible decisions with a view to achieving a just end whilst safeguarding the rights of all defendants. A number of factors are being taken into consideration by those who make the decisions regarding the charges that are to be brought against a defendant, and these are being used in a wise manner.
Identify Key Characteristics and Influencing Factors
Can outside influences such as public opinion, politics and the media affect a prosecutor's decision-making in a case? This term refers to the discretion that a prosecutor has in dealing with a case. Factors that can influence a prosecutor in their decision-making are:
- The seriousness with which similar offenses have been treated by that particular prosecutor's office in the past
- The prior offense history of the offender
- The resources of the prosecutor's office to deal with a particular offense
The public, media, politicians, and other interest groups expect a decision to be made quickly in high-profile cases. The evidence must support the decision made by the prosecutor and the public must have confidence in the decision-making process. While no one can be sure whether a fair decision has been made, certain indicators show whether a prosecutor is influenced by (overt or covert) bias. In traffic cases, for example, Black people are dismissed in 32.6% on average, compared to 26.7% for Hispanic people and 24.5% for White people on average. The term of prosecutorial discretion requires a high level of justice in our legal system.
These are the kinds of questions a prosecutor must consider in determining whether or not to proceed with a case, and whether or not to try a case. Such questions often change as more information becomes available. This is why it is so important to have transparency and accountability within the criminal justice system.
Conclusion
Most families have little knowledge about how the legal system works and how the prosecutors in their child’s case arrived at a particular decision. How the system of justice distributes its resources in order to serve families in a fair and just manner is largely unknown.
Discretion of the prosecutor - how does it affect you and your family? An overview of the role of the prosecutor today and how it has developed in the past. Influence factors such as public opinion, political pressure and bias.
By educating communities about the factors that influence a prosecutor’s decision-making, families can work towards creating a fair system of justice. We strive to educate and hold accountable all individuals and organizations within our justice system to ensure fair and just outcomes for all families.
Frequently Asked Questions
What is prosecutorial discretion?
Prosecutorial discretion refers to the authority of prosecutors to decide whether to file charges, what charges to file, and how to handle cases based on their judgment and the resources available in the justice system.
How does prosecutorial discretion affect the criminal justice system?
Prosecutorial discretion allows prosecutors to focus on serious cases and make efficient use of resources, which can lead to outcomes such as deferred judgments for first-time offenders or dismissals of cases. For instance, about 14% of cases are resolved as deferred judgments, and 20.6% are dismissed entirely.
What ethical obligations do prosecutors have?
Prosecutors have an ethical obligation to file charges only when there is probable cause to believe that the accused committed the alleged offense. They must use their best judgment in deciding how many cases to file.
Are there disparities in how prosecutorial discretion is applied?
Yes, there are disparities in how similar crimes are charged based on race and nationality. Studies show that Black and brown individuals are charged at higher rates than their white counterparts for similar offenses, contributing to distrust in the justice system among underprivileged groups.
How does Vasquez Law Firm support clients who cannot afford legal services?
Vasquez Law Firm provides flexible payment plans and handles personal injury cases on a contingency fee basis, allowing clients to receive legal representation without the need for upfront payment.
List of Sources
- Define Prosecutorial Discretion
- How Prosecutorial Discretion Affects Criminal Cases | McClain Rosenthall Davis, PLLC (https://mrdfirm.com/blog/2024/08/how-prosecutorial-discretion-affects-criminal-cases)
- Disparities at Points of Prosecutorial Discretion | Twentieth Judicial District Attorney Data Dashboard (https://data.dacolorado.org/20th/disparity-analysis)
- What Is Prosecutorial Discretion? A Key Criminal Justice Concept | Rasmussen University (https://rasmussen.edu/degrees/justice-studies/blog/what-is-prosecutorial-discretion)
- Dobbs and Trump Bring Focus to Prosecutorial Discretion | ACS (https://acslaw.org/expertforum/dobbs-and-trump-bring-focus-to-prosecutorial-discretion)
- Contextualize Its Role in the Criminal Justice System
- How Prosecutorial Discretion Affects Criminal Cases | McClain Rosenthall Davis, PLLC (https://mrdfirm.com/blog/2024/08/how-prosecutorial-discretion-affects-criminal-cases)
- In Defense of Prosecutors: The ABA Task Force on Prosecutorial Independence (https://americanbar.org/groups/criminal_justice/resources/magazine/2026-winter/defense-prosecutors-aba-task-force-prosecutorial-independence)
- "Undermining Discretion" by Angela J. Davis (https://larc.cardozo.yu.edu/clr/vol47/iss2/20)
- Explore the Historical Development of Prosecutorial Discretion
- Prosecutorial Discretion in Light of Complex Cases | Local Law Blog (https://oflaherty-law.com/local-law/balancing-justice-navigating-prosecutorial-discretion-in-light-of-complex-cases)
- U.S. v. Texas and the Many Shades of Prosecutorial Discretion, by Michael Kagan - Yale Journal on Regulation (https://yalejreg.com/nc/the-many-shades-of-prosecutorial-discretion)
- Legal Precedents on Prosecutorial Discretion and Judicial Review - Gavelcraft (https://gavelcraft.com/case-law-on-prosecutorial-discretion)
- Prosecutorial discretion | Bureau of Justice Statistics (https://bjs.ojp.gov/taxonomy/term/prosecutorial-discretion)
- Prosecutorial Discretion | Capital Punishment in Context (https://capitalpunishmentincontext.org/issues/discretion)
- Identify Key Characteristics and Influencing Factors
- Prosecutorial Discretion And Accountability · WOU Repository · WOU (https://wou.omeka.net/s/repository/item/13719)
- Disparities at Points of Prosecutorial Discretion | Twentieth Judicial District Attorney Data Dashboard (https://data.dacolorado.org/20th/disparity-analysis)
- What Is Prosecutorial Discretion? - FindLaw (https://findlaw.com/criminal/criminal-procedure/what-is-prosecutorial-discretion.html)
- Anatomy of Discretion: An Analysis of Prosecutorial Decision Making – Summary Report | Office of Justice Programs (https://ojp.gov/ncjrs/virtual-library/abstracts/anatomy-discretion-analysis-prosecutorial-decision-making-summary)
