Power in the Criminal Justice System

THIS IS MY REPLY TO THE PROFESSOR AND THE CLASS TO HELP YOU UNDERSTAND

The Power of Criminal Justice System

The branch of criminal justice that holds the greatest power is the courts. Once a crime has been committed, usually the violators of the crime are identified by the police officers before the case is forwarded to court. Courts are systems that have the authority to come up with numerous decisions based on the law. An example is the case of the United States judicial system that is always divided into both state courts and federal courts, each of them having several roles and responsibilities. Federal courts constitute the Supreme courts thus they deal with numerous federal issues such as those related to government lawsuits, military justice, and trade disputes ("criminal justice system | Introduction to sociology," n.d.).

The prosecutor has the most power in the criminal justice system because they have the capability of curbing mass incarceration. Most of the prosecutors practice immense control over the individuals who enter the criminal justice system, the ways in which various cases can be resolved and also if the process of incarceration will be part of the resolution process (Rakoff,2016). The powers held by the prosecutor should not be shifted to another person or they be given to other individuals because prosecutors have the most power in curbing mass incarceration thus making it possible for them to have massive control over all individuals who enter into the criminal justice system.

References

The criminal justice system | Introduction to sociology. (n.d.). Lumen Learning – Simple Book Production. https://courses.lumenlearning.com/wm-introductiontosociology/chapter/the-criminal-justice-system/

Rakoff, J. S. (2016). Why prosecutors rule the criminal justice system-And what can be done about it. Nw. UL Rev., 111, 1429.

STUDENT REPLIES

STUDENT REPLY #1 Stephon Johnson

Who has the most power in the criminal justice system—police, prosecutor, or magistrate?

The Prosecutors have the most power in the criminal justice system.

A prosecutor's job is to comply with and promote the law. A prosecutor operates on behalf of the community in a nondiscriminatory manner and as a “clergyman of justice.” The prosecutor must reasonably assist the court to bring forth the truth and to do justice between the community and the accused according to the law (DOJ, 2015). The prosecutor makes the critical decision on whether the offender will get prosecuted or whether the charges will be dropped. The prosecutor also presents plea deals to the defendant's lawyer, which may carry a lesser charge or less time.

I feel that the power is in the right hands. the prosecutor is the last part of the process; I feel like they're on the outside of the case looking in, which gives them the ability to determine if the defendant needs a light or harsh sentence.

Reference

Department of Justice of the Hong Kong Special Administrative Region. (2015, Nov. 4). Prosecution code. Retrieved from https://www.doj.gov.hk/eng/public/pubsoppapcon.html

STUDENT REPLY

STUDENT REPLY #2 David Givens

In this discussion we were asked in our opinion who holds the most power in a criminal justice setting the prosecutor police or the judge or magistrate.

Each position within the criminal justice system holds their own significant power but, in my opinion,, it is the prosecutor who holds the most power and sway over the judicial cases involving crime. There are many reasons why this is my opinion, but I will cover the most apparent.

First the prosecutor has the full power of the government with them to obtain evidence and pay for special services for cases such as phycologists or other expert witnesses. Having an unlimited means to financial means to obtain assistance.

Another factor in my opinion is the fact that when it comes to the grand jury, the prosecutor can omit evidence that could lead a grand jury to not move forward with the charges therefore will cause any evidence that could prove the defendant innocent be left to the defense (Producer, 2018). And typically, the grand jury tends to agree with the prosecution when it comes to the charges that are placed on a suspect. At that time there is no judge or defense simply the prosecutor and jury members.

The prosecution also has the power to dictate the way a trial proceeds by what charges are brought against the defendant and a common strategy is to charge suspect with multiple charges to initiate a plea from the defendant.

Lastly the prosecution has a strong influence on the judge when it comes to sentencing as with before with the grand jury the judge tends to go with the prosecution when it comes to sentencing. Even though the judge has the ultimate decision-making power the prosecution historically has gotten what they are requesting from judges.

Given these things the prosecutor is the most powerful member of the three positions in the criminal justice system.

References:

Serial Productions (Producer, 2018) Serial: Pleas baby pleas.

Retrieved From:

https://serialpodcast.org/season-three/5/pleas-baby-pleas