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Three Conditions for Prosecution and the Power of Prosecutors
Charging a person with a crime is an important step in the criminal justice process, as it is incumbent upon prosecutors to seek justice for victims. In order to charge someone with a crime and prosecute the case, three conditions must be met: there must be sufficient evidence to support charges, probable cause that the accused committed the crime, and approved by a higher authority such as a grand jury or judge (Barak, 2019). Furthermore, prosecutors are granted wide latitude in deciding whether or not to pursue cases; when deciding if prosecution is necessary they consider factors such as available resources and public opinion (Lippman & Weisburd, 2017). While this discretion can lead to swift resolutions in certain cases where unjustified prosecution would waste time and resources unnecessarily, it also leaves open potential problems due to one person having so much power.

The Supreme Court has ruled that prosecutorial discretion serves an essential role within our criminal justice system (U.S. v. Goodwin), but this wide-reaching power comes with certain drawbacks. The ability of prosecutors to choose which cases they decide to pursue means that some individuals may become targets of overly aggressive enforcement while others may escape punishment altogether based on whom they know or their socio-economic status (Garland & Schubert 2020). This practice has been particularly damaging in communities of color who have been disproportionately targeted by overzealous law enforcement policies (Nixon et al., 2018). Additionally, this extrajudicial activity creates mistrust between citizens and police departments making it more difficult for officers to do their job effectively (Garland & Schubert 2020). These issues can only be addressed through increased oversight from both inside governmental bodies and independent commissions tasked with ensuring fair prosecutions nationwide.

In addition to potential abuses caused by lack of oversight over prosecutorial discretion , granting one individual too much control carries other risks as well. For example , when high profile cases appear before them , prosecutors may make decisions based on political gain rather than legal merits . This type of behavior was evident during Watergate when President Nixon’s attorney general John Mitchell chose not pursue indictments against top White House aides despite clear evidence pointing towards their guilt . As noted by Garland & Shubert (2020) , “Such actions relegate prosecutors from administrators of justice into political actors.” By protecting powerful politicians at the expense of enforcing real accountability , these types of actions undermine our system of checks and balances . Therefore , in order for us maintain public confidence in criminal proceedings it is imperative that we create safeguards against abuse .

Despite its flaws , prosecutorial discretion remains an integral part of America’s criminal justice system today . When used judiciously it enables law enforcement officials maximize resources while still seeking true justice for victims . However , given its awesome power -and potential abuses -there should be greater scrutiny placed upon those holding these positions so  that we don’t allow freedom circumvented under guise judicial authority (Garland & Schubert 2020) Ultimately proper oversight will ensure that all persons charged with crimes receive fair treatment regardless race class or social standing(Nixon et al., 2018 ).

References
Barak G.(2019), Prosecutorial Discretion : From Theory To Practice West Academic Publishing
Garland D & Schubert A.(2020 )”Prosecuting Power : The Role Of Prosecutors In The U S Criminal Justice System “Annual Review Of Criminology Vol 4:231-252                                                                                                          DOI 10 1146/annurev criminol 060220 19 033624
Lippman R & Weisburd D.(2017),”Understanding Prosecutorial Discretion And Its Impact On Public Safety And Police Reform,” Crime Prevention Research Center Ser 3 No 1 pp1-12                                                                               DOI 10 17226 / 24018                                                 Nixon N et al.(2018), “Racial Equity And Prosecutorial Decision Making,” Race Policy Initiative Issue Brief No 2 Washington DC Urban Institute Retrieved October 26 2019 From Www urban Org Sites Default Files Publication Racial_Equity _And_Prosecutoriall_Decision _Making Pdf U S v Goodwin 457 U S 368 1982

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