Introduction
All branches of the criminal justice system play an essential role in maintaining public order. By cooperating among themselves, different departments, like the police, prosecutors, and judges, ensure that laws are enforced and punishments are determined for offenders. However, if we consider each branch of the criminal justice system individually, they have a different level of power. Therefore, this paper aims to analyze the power distribution in the criminal justice system and identify the main powers of the prosecutor.
The Power of Prosecutor
Of the three branches of the criminal justice system, the prosecutor has the most power. First, the main task of the prosecutor is to represent the victim’s interests, bring charges, and prove the suspect’s guilt (Department of Justice of the Hong Kong Special Administrative Region, 2015). Moreover, the prosecutor has unique skills to interact more effectively with people and find other victims to confirm the offender’s guilt (Farrell et al., 2016). Second, prosecutors can negotiate plea bargains with suspects in exchange for useful information. As a result, the offender may get a lesser sentence if they plead guilty (Department of Justice of the Hong Kong Special Administrative Region, 2015). This allows prosecutors to predetermine the case’s outcome and reduce the trial’s time.
Shifting Power Away
Although the prosecutor’s powers play a significant role in prosecuting and determining the punishment for offenders, in some cases, their power might be shifted to the magistrate. It is essential to consider that the activities of each branch of the criminal justice system have constitutional limitations, including ensuring equal rights and statutory clarity for the accused (Lippman, 2018). Since the prosecutor represents the victim’s interests, their actions can often be biased. At the same time, the magistrate takes a more neutral position and can make decisions based solely on the law.
Conclusion
In summation, in the modern criminal justice system, the prosecutor has the greatest power over the decisions on which the outcome of the case actually depends. The prosecutor brings charges and also sets the desired punishment for the offender. However, when acting in the interests of the victim, prosecutors can be biased. Therefore, their powers should be constitutionally limited, and compliance with these restrictions should be monitored. Moreover, the shift of power to the magistrate can increase the objectivity of decisions.
References
Department of Justice of the Hong Kong Special Administrative Region. (2015). Prosecution code. Web.
Farrell, A., DeLateur, M. J., Owens, C., & Fahy, S. (2016). The prosecution of state-level human trafficking cases in the United States. Anti-Trafficking Review, 6, 48–70. Web.
Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Sage Publications.