How does prosecutorial discretion affect the overstating of laws on average sentencing?

Per Bob Pursley:

All the data is heuristics. Prosecutors settle cases, or if they can't , they charge the defendant with anything remotely connected, hoping to force the person to settle with a plea agreement.

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Prosecutorial discretion refers to the power of prosecutors to make decisions about which charges to bring, whom to prosecute, and how to negotiate plea agreements. It plays a significant role in shaping the outcomes of criminal cases, including the average sentencing for various offenses.

When it comes to the overstatement of laws on average sentencing, prosecutorial discretion can have both positive and negative effects. It largely depends on how prosecutors choose to exercise their discretion.

1. Charging decisions: Prosecutors have the authority to decide which charges will be brought against a defendant. They can choose to charge individuals with more severe offenses that carry higher penalties, or they can opt for lesser charges that bring about reduced sentences. Overstating laws through charging decisions can lead to harsher average sentencing.

2. Plea negotiations: Prosecutors often engage in plea bargaining, offering defendants the opportunity to plead guilty to lesser charges or receive reduced sentences in exchange for cooperation or avoiding a trial. The exercise of prosecutorial discretion in plea negotiations can either promote fairness or lead to overcharging. When prosecutors overstate the laws, they may pressure defendants into accepting plea deals for offenses that warrant lesser penalties, resulting in inflated average sentences.

3. Bias and disparities: Prosecutorial discretion can also contribute to biases and disparities in the criminal justice system. If prosecutors consistently overcharge individuals from certain racial or socio-economic backgrounds, it can lead to significant disparities in average sentencing based on those characteristics.

To minimize the potential negative impacts of prosecutorial discretion on overstatement of laws and average sentencing, several strategies can be implemented. These may include: ensuring transparency and accountability in charging decisions, promoting training and guidelines for prosecutors, using data-driven approaches to evaluate prosecutorial practices, and implementing reforms that address systemic biases and disparities.

It's worth noting that prosecutorial discretion is often subject to both legal and ethical constraints, and the way it affects average sentencing can vary depending on jurisdiction and individual prosecutor practices.