From Inquest:
In July, a sheriff arrested a 19-year-old woman after he witnessed her “stomping on a ‘Back the Blue’ sign” next to where he was conducting a traffic stop. Not only was the arrest a surprise, but the local prosecutor’s response made national news. The Utah prosecutor charged this teen with a criminal mischief charge with a hate crime enhancement for destroying the sign in an attempt to “intimidate law enforcement.” She now faces up to a year in jail or a fine of up to $2,500. Both the prosecutor’s decision to charge and to seek a severe penalty for this minor act grabbed headlines. The case is just one illustration of how prosecutors can use their discretion to amplify criminal injustice.
Prosecutors have long held a position of great power in the criminal legal system. And as this power has come under increased public scrutiny, prosecutors have been criticized for their lack of transparency and oversight, for contributing to mass incarceration, for exacerbating class and racial disparities, and for destroying families and neighborhoods in their pursuit of so-called victimless crimes. Since 2015, in jurisdictions around the country, self-described “progressive prosecutors” have sought to break that mold, promising a more just criminal justice system and replacing the prevailing tough-on-crime approach with a more merciful approach towards defendants. That remains to be seen: As the United States continues to hold the title of the country with the largest incarcerated population in the world, it is far from clear whether most prosecutors are using their power for progressive aims or instead furthering injustice in American society.
Prosecutors’ greatest power is arguably their vast discretion to decide whether American defendants will face criminal proceedings. Prosecutors decide whether to charge a crime, the number of criminal charges, the severity of the charges, the potential penalties, and applicable sentencing recommendations. Since the vast majority of cases end in plea bargains, where prosecutors use the threat of more severe sanctions for those who do not play along, judges and juries are no real check on prosecutors. Nor is the Constitution or courts, since those who plead guilty largely waive the few legal rights they may have. Continue reading >>>
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