Prosecutorial Discretion And Accountability

Item

Media: EllynHouse_PP_2024.pdf

Title: Prosecutorial Discretion And Accountability
Creator: Ellyn House
Degree Name: professional_project; Master of Science in Justice Studies
Project Type: professional_project
Date: 6/1/2024
Abstract: Prosecutors are the representatives of the state when a crime has been committed. They have substantial discretion to enforce the law with criminal penalties; it empowers prosecutors to determine whether to bring charges against individuals suspected of committing crimes, what charges to file, and whether to negotiate plea bargains, (Kremens, 2021). Current research and literature on prosecutorial discretion in the United States examine its pivotal function in the criminal justice system; while some studies emphasize its potential for ensuring efficiency and justice, others raise concerns about its potential for bias and inconsistency, underscoring the importance of oversight. There is a rich potential for growth in the literature surrounding prosecutorial discretion practices. This study aims to investigate prosecutorial discretion at the state level and answer the three research questions: what factors influence prosecutorial discretion, what laws limit discretion or what policy guides decision-making, and how do the factors that influence discretion impact plea-bargaining? This study used secondary data analysis, with a focus on state-level prosecution. The literature focused on state-level discretion was limited; federal studies were supplemented to make meaningful comparisons. Results indicate that discretion is primarily guided by legal factors; however, there is support showing social factors may play into the decision-making of prosecutors. There is also a limited amount of law and established policy to limit and guide discretionary decision-making. The implications of this study include the lack of transparency of prosecutorial policy, accountability, and reviewability of the decisions prosecutors make.
Keywords: prosecutorial discretion, the Lucifer Effect, limitations
Rights: https://rightsstatements.org/page/InC/1.0/?language=en; Western Oregon University Library has determined, as of 6/29/2024, this item is in copyright, which is held by the author. Users may use the item in accordance with copyright limitations and exceptions, including fair use. For other uses, please ask permission from the author.
Language: English
Type: Text