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Prosecutorial Misconduct


Prosecutorial Misconduct

Prosecutorial discretion is a case where a prosecutor has the powers to decide whether to charge an individual for a crime and which files to include or not. The same power enables the prosecutors to enter into a plea bargain with defendants with a view of guilty pleas for lesser fines, jail term, or pardon with a warning. Prosecutorial misconduct arises from where prosecutors abuse their powers based on race, language, tribe, or other things. For example, a police officer can warn and let a driver go free without charges for overspeeding. Despite several efforts to curb prosecutorial abuse, it still exists in the criminal system denying much justice.

Prosecutorial discretion causes more charges on different races. If a prosecutor is already biased based on race, he will drop more whites charges while prosecuting more on others.  They are the ones in charge of calling and questioning the witnesses, interpreting the law and making recommendations to the judge; this means other races will experience more bias. According to Vox, black Americans at are prosecuted more compared to whites.

Prosecutorial misconduct creates a negative perception. Generally, African Americans are perceived to be criminals; according to Weintraub (2020), this has been achieved by more policing the blacks community than whites. The blacks also start to view the prosecutors as bias, and they become rebellious or growing a feeling of racism that might implode Weintraub (, 2020).

Racism in the criminal justice system raises the alarm of the integrity of the prosecutors. Arresting foreign races creates more bad than good; for example, the raises affect stop believing in the system. However, it still exists, ending up causing more blacks to be prosecuted and creating negative perception of the police.




Weintraub, J. N. (2020). Obstructing Justice: The Association Between Prosecutorial Misconduct and the Identification of True Perpetrators. Crime & Delinquency66(9), 1195-1216.


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