Free

Prosecutorial Discretion in an Adversary System - Essay Example

Comments (0) Cite this document
Summary
The paper 'Prosecutorial Discretion in an Adversary System' focuses on the enforcement officer exercises discretion at various stages in the criminal procedure. Foremost, at the investigative stage, they have the prerogative to investigate complaints lobbied in pertaining to illegalities…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.5% of users find it useful
Prosecutorial Discretion in an Adversary System
Read TextPreview

Extract of sample "Prosecutorial Discretion in an Adversary System"

At the trial stage, the prosecutor’s role pertains to disclose all evidence to the defense counsel pertaining to the suspect’s case. Moreover, at the serving and sentencing stage the law enforcement officer is charged with the discretion of acting of as parole officers of sentenced criminals that have been selected for possible freedom based on their character (Mellili, 1992).
The judge exercises discretion at the trial stage by leading the court proceedings against the charged suspect. At the sentencing stage, the judge exercises his or her discretion after the defendant is found guilty after a plea of guilty or judgment by the jury. Consequently, the judge dispenses the sentencing laws cognizant with the crime charged. Furthermore, the judge exercises discretion at the appeal stage. At the instigation by the defense counsel of the sentenced defendant, an appeal may be issued and reviewed a judge in the appellate court (Mellili, 1992). Furthermore, a different judge will lead the proceedings of a new trial based on the review and approval of an appellate court.
Some of the guidelines that are in force to limit the discretionary powers of enforcement officers include the limit on the excessive force while making the arrest. This is in light of the possibility of the officers to use police brutality on unarmed and powerless suspects such as racial minorities (U.S Department of Justice, 2012).
On the part of the judges, guidelines that could be used in limiting their discretion pertain to issues of sentencing. These include sentencing structures that limit and regulate the punishment of convicted criminals. For example, the legal specifications pertaining to the maximum or minimum periods of incarceration and statutory limit.
Finally, there are laws that regulate the prosecutor’s discretion in criminal justice. The most important being the timely and full disclosure of evidence to the defense counsel pertaining to the charged suspect’s case. This law is very much helpful in the clarification of facts and avoidance of power abuse by the prosecutor. For example, in cases in which the prosecutor may have sourced for illegal and biased evidence against a charged suspect, the defense counsel will be able to prove misconduct by the prosecutor. Consequently, the judge revokes the case. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Prosecutorial Discretion in an Adversary System Essay, n.d.)
Prosecutorial Discretion in an Adversary System Essay. Retrieved from https://studentshare.org/law/1603112-unit-4-db-introduction-to-american-court-system
(Prosecutorial Discretion in an Adversary System Essay)
Prosecutorial Discretion in an Adversary System Essay. https://studentshare.org/law/1603112-unit-4-db-introduction-to-american-court-system.
“Prosecutorial Discretion in an Adversary System Essay”, n.d. https://studentshare.org/law/1603112-unit-4-db-introduction-to-american-court-system.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Prosecutorial Discretion in an Adversary System

Administrative Discretion

...the issue, this paper will cover the associated terms like administrative discretion, cyber security threats, and statutory protections for public employees. Administrative discretion In the legal context, the term discretion indicates the power to decide or act according to one’s own judgment. Some legal systems like US allow certain discretionary powers to administrative authorities. To illustrate, US law system has framed some broad limits within which an administrative authority can operate. For instance, a statute confers discretion if it is reasonable and is in public interest. To define, the administrative...
4 Pages(1000 words)Essay

Police Discretion

...and courts are not enough for all the criminals to be given the same procedural approach. This will create havoc; hence the police discretion provides this advantage to the justice system (Goldstein 1977). If each and every discrepancy in the field or office needs a proper resolve, the men in the system will always be occupied with such minute stuff, making it very difficult for them to justify the call of duty for urgent pressing matters. Therefore a large force would be needed to do all this. So it can be easily said that saving resources is one of the largest benefit of putting authority in the hands of a police officer. (Engel 2007). Disadvantages The main problem associated with the...
4 Pages(1000 words)Research Paper

Managerial Discretion

...Introduction Managerial discretion has long been considered a tremendously important strategic business factor. "The importance of managerial discretion in the operations of the large corporation has been widely recognized" (Williamson 1963). Thus, it is important to consider and understand the scope and constraints on discretionary behavior by managers, as well as the effectiveness of those constraints. The exercise of discretion by managers may be constrained by numerous factors, some of which being universal and others depending on the context of a specific organization and circumstance. These include the manager's position within the structure of the organizational hierarchy, the...
9 Pages(2250 words)Essay

Prosecutorial Misconduct

...Prosecutorial Misconduct An illegal act or behavior shown by the prosecutor that is considered to be illegal under the jurisdiction law is referred to as prosecutorial misconduct (Alexis, 2010). It is actually a violation of the code of ethics that all prosecutors are bound to follow while initiating a case activity. Prosecutors hold a big responsibility because they are the ones who initiate the criminal cases against individuals. They must follow the laws and restrictions posed to them by the jurisdiction of their country. Common men are not able to bring criminal charges that are the most severe potential sanctions forcing the prosecutors to follow the code of ethics honestly. One example of...
1 Pages(250 words)Essay

Prosecutorial Misconduct in Texas

...Prosecutorial Misconduct in Texas A prosecutor responsibility in criminal justice system is enormous and essential in the final passing of a judgment. In the modern world, prosecutor’s role starts from the start of the investigation to the conclusion of the trial. A prosecutor role includes initiation of investigation, decision on which file have a case for trials, when charges would begin and responsibility of deciding whether there will be a plea for any form of leniency. In the United States where there is federal system of government and federal courts it is the responsibility of the prosecutor to determine the sentence of the defendant (Davis, 2007). However, this...
5 Pages(1250 words)Essay

My most attractive adversary

...Opinion piece on “My Most Attractive Adversary” by Madeleine Begun Kane. This is a very interesting essay which deals with the differences between the way men and women relate to each other in the workplace. I am very much in favor of equality and respect between men and women. It always seems strange to me when people suggest that women are in some way less valuable or less important than men. In my experience women are often cleverer and more patient than men, and they deserve admiration for their courage in dealing with prejudice. The author of this essay explains how difficult it is for women when men make remarks which emphasize the physical differences between males and females. I think it is not fair when men do...
1 Pages(250 words)Essay

The Adversary System

...The Adversary System The Adversary System The adversary system has a long history, and it was a feature that defined the justice process in the medieval era. The system has advanced over the years to become the concentrated process, with a salient two-side structure. Each of the sides had a defense team that presents the evidence after a rigorous process of investigation. The judge or the jury determines the case, with a mandate to exhibit neutrality and passivity throughout the case. Each of the sides has a fair chance to present its case and carry out both direct and cross-examination. There are rules that govern the...
6 Pages(1500 words)Essay

Prosecutorial Misconduct

...). Since the criminal justice system should deliver justice to all people, prosecutorial misconduct, therefore, becomes relevant in the operations of the system. The reason as to why the criminal justice system has some professional misconduct is because both the judges and the prosecutors are entrusted to deliver justice through discretion. In the context of the paper, the misconducts of the prosecutors are emphasized on, but, the misdeeds of the judges also affect the criminal justice system. In a court case, prosecutors can become biased where they put their interests first and convict a suspect of a crime since they have powers....
6 Pages(1500 words)Research Paper

Prosecutorial Misconduct

...Research Paper on the Appropriate Reform for Dealing with Prosecutorial Misconduct Research Paper on the Appropriate Reform for Dealing with Prosecutorial Misconduct Introduction The legal system that forms a major part of the criminal justice system in any country is charged with the mandate of ensuring fairness and justice for the citizens. These include the law abiding citizens as well as those who have been charged for taking part in different crimes. Despite these expectations of the sector, there have been a number of discrepancies in a number of countries. They are brought about the misuse of the prosecutors over their powers. In particular, a number of them have...
7 Pages(1750 words)Research Paper

Meta-Analysis: Discretion in Criminal Justice System

...about by the fast-track system itself (p.1448). Thus McKay (2011) has presented “judge-created disparity” as a “necessary” and “acceptable cost” that comes along with the “remedy” (p.1444-1448). He (McKay, 2011) has also pointed out that both the options of making fast-track system applicable to all districts and completely “eliminating” the fast-track system are not legally viable, the only option is to accept the possible necessary vice of “judge-created disparity” (p.1450). Yet another argument in favor of anti-discretion stance being the possibility of prosecutorial discretion getting undermined under judicial...
13 Pages(3250 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Prosecutorial Discretion in an Adversary System for FREE!

Contact Us