Newspaper Article or News Program Discussion Post - Essay Example

Newspaper Article or News Program Discussion Post Prosecutorial discretion has come under increasing scrutiny in recent years due to perceived injustice in prosecution of cases. In an article appearing in Huffington Post, the author argues that prosecutorial discretion should be abolished. The prosecutor under his or her discretion decides which cases to pursue, which cases not to pursue charge or dismiss, and the amount of punishment (Gershman). The article says that such sweeping discretion creates opportunities for perpetrating injustice.

Discretion gives the prosecutor with too much power without any oversight. The article argues that discretion is a function of many variables that differ from case to case. Therefore, how to apply discretion for the best results in all or most cases cannot be reduced to a simple formula that can be used to guide prosecutors (Davis 30). Without such as guide, prosecutors are given too much freedom and power and this leads to abuse and injustice. The issue of prosecutorial discretion came under spotlight recently when Attorney General told prosecutors that they are under no obligation to defend unjust laws (Gershman).

This raises the question of whether they can nullify laws. If prosecutors are under no obligation to defend unjust laws, they are effectively nullifying those laws. This is a further evidence of the wide powers of prosecutors given to them under the doctrine of prosecutorial discretion. A prosecutor with a political agenda can apply the law selectively and that is manifest injustice (Davis 26). The issue of prosecutorial discretion is important because it inevitably comes up in discussion about injustice in criminal justice system especially now when the number of cases of wrongful conviction are increasing.

It appears there is need to relook into discretionary powers or strengthen accountability. Works CitedDavis, Angela J.. Arbitrary justice the power of the American prosecutor. Oxford: Oxford University Press, 2007. Print.Gershman, Bennett. "Refusing to Defend Unjust Laws: Prosecutorial Discretion or Prosecutorial Nullification?." The Huffington Post. TheHuffingtonPost.com, 27 Feb. 2014. Web. 28 Feb. 2014. .