Introductory Criminal Justice: Prosecutorial Discretion (Charging Decisions, Plea Bargaining, Diversion Programs, Declination to Prosecute)

Prosecutorial Discretion (Charging Decisions, Plea Bargaining, Diversion Programs, Declination to Prosecute)

What This Is

Prosecutorial discretion refers to the authority and power granted to prosecutors to make charging decisions, including whether to file charges, negotiate plea bargains, divert cases to alternative programs, or decline to prosecute. This concept plays a crucial role in shaping the criminal justice system by influencing the number of cases that proceed to trial, the types of charges filed, and the overall burden on the courts.

Key Definitions / Models / Steps

• Charging Decisions: The process by which prosecutors decide whether to file charges against a defendant.
  • Example: In the case of United States v. Good Real Estate I, Ltd. (1988), the Supreme Court held that prosecutors have broad discretion in making charging decisions, but must exercise that discretion in a non-discriminatory manner.
• Plea Bargaining: The negotiation between prosecutors and defense attorneys to reach a mutually acceptable plea agreement.
  • Example: In Bordenkircher v. Hayes (1978), the Supreme Court held that plea bargaining is a legitimate part of the criminal justice system, but that prosecutors must not coerce defendants into accepting a plea.
• Diversion Programs: Alternative programs that allow defendants to avoid prosecution or conviction by completing certain requirements or participating in treatment.
  • Example: The Drug Abuse Treatment Act of 2000 (Pub. L. 106-310) established a federal diversion program for defendants with substance abuse problems.
• Declination to Prosecute: The decision by prosecutors not to file charges against a defendant.
  • Example: In United States v. Nixon (1994), the Supreme Court held that prosecutors have the authority to decline to prosecute a case, but must exercise that discretion in a non-discriminatory manner.
• Racial Disparity: The disproportionate impact of charging decisions on minority defendants.
  • Example: Studies have shown that African American defendants are more likely to be charged with felonies than white defendants, even when controlling for offense severity.
• Prosecutorial Misconduct: The intentional or reckless behavior of prosecutors that undermines the integrity of the criminal justice system.
  • Example: In Napue v. Illinois (1959), the Supreme Court held that prosecutors have a duty to disclose exculpatory evidence to the defense.
• Brady v. Maryland (1963): The landmark case establishing the duty of prosecutors to disclose exculpatory evidence to the defense.
• Giglio v. United States (1972): The case expanding the scope of Brady to include impeachment evidence.
• Federal Rule of Evidence 410: The rule governing the admissibility of statements made during plea negotiations.
• Federal Rule of Evidence 411: The rule governing the admissibility of plea agreements.

Practical Application

In a realistic scenario, a prosecutor is reviewing a case involving a defendant accused of possession of a controlled substance. The prosecutor has the discretion to charge the defendant with a felony or a misdemeanor, or to decline to prosecute the case altogether. The prosecutor may also offer the defendant a plea bargain, which would require the defendant to plead guilty to a lesser charge in exchange for a reduced sentence. If the defendant accepts the plea bargain, the case will be resolved without a trial. However, if the defendant declines the plea offer, the case will proceed to trial.

Common Misunderstandings

• Misunderstanding: Prosecutors have no discretion in making charging decisions.
• Correction: Prosecutors have broad discretion in making charging decisions, but must exercise that discretion in a non-discriminatory manner.
• Misunderstanding: Plea bargaining is always coercive and unfair.
• Correction: Plea bargaining is a legitimate part of the criminal justice system, but prosecutors must not coerce defendants into accepting a plea.
• Misunderstanding: Diversion programs are only for minor offenses.
• Correction: Diversion programs can be used for a wide range of offenses, including serious felonies.
• Misunderstanding: Prosecutors always have the authority to decline to prosecute a case.
• Correction: Prosecutors have the authority to decline to prosecute a case, but must exercise that discretion in a non-discriminatory manner.

Exam Tips

• United States v. Good Real Estate I, Ltd. (1988) is a key case on charging decisions.
• Bordenkircher v. Hayes (1978) is a key case on plea bargaining.
• Brady v. Maryland (1963) is a landmark case on prosecutorial misconduct.
• Giglio v. United States (1972) is a key case on impeachment evidence.
• Federal Rule of Evidence 410 and Federal Rule of Evidence 411 are key rules governing plea agreements.
• Racial disparity in charging decisions is a significant issue in the criminal justice system.

Quick Recap

• Prosecutors have broad discretion in making charging decisions.
• Plea bargaining is a legitimate part of the criminal justice system.
• Diversion programs can be used for a wide range of offenses.
• Prosecutors have the authority to decline to prosecute a case.
• United States v. Good Real Estate I, Ltd. (1988) is a key case on charging decisions.
• Bordenkircher v. Hayes (1978) is a key case on plea bargaining.
• Brady v. Maryland (1963) is a landmark case on prosecutorial misconduct.
• Giglio v. United States (1972) is a key case on impeachment evidence.
• Federal Rule of Evidence 410 and Federal Rule of Evidence 411 are key rules governing plea agreements.
• Racial disparity in charging decisions is a significant issue in the criminal justice system.