Topic 1: Explain how discretion is used in the court system
• What power over the plea-bargaining process does the prosecutor have? What power over the plea bargain does the defense attorney have? How does the judge's discretion come into play?
The prosecutor is the only member of the courtroom who has the option of offering a plea bargain to the defendant or refusing to offer a plea bargain. The defense attorney has the ability to advise his/her client to accept or refuse the plea bargain; however, the defense attorney cannot make this decision for their client. The client ultimately has the ability to refuse to accept a plea bargain if offered. The judge reviews any plea bargains that are offered and determines if they are too harsh or too
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To spend time on a case that is a futile effort to convict waste taxpayers’ money and time that could be spent on seeking justice on other cases. Another element that influences the prosecutor’s discretionary decision is mitigation provided by the defense such as, in the Baxter case. To me all of these things allow for justice to be served. On the contrary, public opinion of the prosecutor’s office also influences decisions; however, I feel like this is at conflict with justice. As stated in Proverbs 106:3, “happy are those who observe justice, who do righteousness at all times” (New Revised Standard Version). Another conflict with justice is time management. While it is an evil necessity to not prosecute some cases in order to allow for an efficient courtroom, this may prevent justice from being served. The final influence that conflicts with justice is the relationship between prosecutors, defense attorneys and the judge. It is necessary that everyone be able to work together, but the mentality of “helping” each other or remaining in favor does not sit well with me. It is concerning to think a prosecutor may lessen a charge or pursue a case more aggressively based upon the opinion/feelings of the defense or