Why do prosecutors have so much power?
Asked by: Prof. Isabell Mueller | Last update: December 31, 2025Score: 4.9/5 (36 votes)
The Power to Coerce Pleas Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.
Why are prosecutors more powerful than judges?
the prosecutor has the most power over your case and your legal future. They have discretion to drop or amend charges, and to some extent over your plea. They would also be the ones able to bring new charges against you.
Is a prosecutor more powerful than a lawyer?
While defense attorneys are obligated to vigorously defend their clients whether guilty or not, prosecutors exercise the sovereign power of the state by representing the best interests of the community, which not only includes prosecuting crimes but also honoring the rights of the accused.
Which is a factor that increases the power of prosecutors?
The power of a prosecutor is increased by the fact that many of their decisions are hidden from public view, as they have discretion in decision-making and control over the criminal justice process. Further, their power is influenced by factors like public opinion, legal constraints, and professional relationships.
Can the judge overrule the prosecutor?
Judges do not have control over which charges are brought against a defendant but may have discretion in sentencing, even when a plea bargain is involved. Thus, a judge can accept a plea bargain while simultaneously imposing a different sentence than the sentence to which the defendant and the prosecutor agreed.
2-Minute Debate: Do U.S. Prosecutors Have Too Much Power?
Can prosecutors refuse a case?
A lack of sufficient evidence can prompt a prosecutor to reject criminal charges against a suspect.
Who has more authority than a judge?
Supreme Court Justices
The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
Why are prosecutors the most powerful?
Full text. 1Prosecutors are the most powerful officials in the American criminal justice system. They control the direction and outcome of all criminal cases, particularly through their charging and plea-bargaining decisions.
Who gets paid more, a lawyer or a prosecutor?
Prosecutors and defense attorneys make comparable salaries, with the caveat that jobs in the private sector typically pay more than those in the public sector.
What is the most powerful lawyer position?
- Attorney General. The Attorney General is the highest-ranking legal officer in the United States Department of Justice. ...
- Solicitor General. ...
- Corporate Counsel. ...
- Big Law Partner. ...
- Judges. ...
- Public Interest Lawyers. ...
- Criminal Defense Attorneys. ...
- Law Firm Managing Partner.
Can a judge disagree with prosecutor?
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
Who is the most powerful in court?
With expansive authority to initiate actions and wield appellate jurisdiction over all courts and the ability to invalidate amendments to the constitution, the Supreme Court of India is widely acknowledged as one of the most powerful supreme courts in the world.
Why do prosecutors have so much discretion?
American criminal court dockets are chronically congested, so prosecutors must use discretion to plea bargain away most of their cases.
Why do prosecutors have more power than judges?
Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.
Who is higher than a prosecutor?
The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys. But only rarely does a state attorney general discipline a county or city D.A. for prosecutorial misconduct.
Why do prosecutors have immunity?
Believing that the constant worry of lawsuits would impede prosecutors' ability to do their job, in its 1976 decision Imbler v. Pachtman, the Supreme Court created this immunity to serve the “public trust” and ensure “the proper functioning of the criminal justice system.”
What not to tell a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What are the tricks prosecutors use?
PROSECUTOR'S TRICKS
Base the case on what prosecutor believes, regardless of the facts. Altering audio or video recordings to say what will make the prosecutor's case. Move or in some way manipulate witnesses to make it look like they left, won't testify or are unwilling or unavailable to testify.
What are prosecutors not allowed to do?
Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Who is the boss over a judge?
Lower courts typically answer to higher courts and the highest court (usually the supreme court), does not answer to anyone. The AG's office is a separate branch of government and would have power over judges typically.
Who is considered the most powerful person in the courtroom?
For someone arrested for a criminal offense, prosecutors are arguably the most powerful figures in the legal system. Prosecutors decide what, if anything, to charge—a decision that can be life-altering before and after a conviction.
Are judges more powerful than lawyers?
Lawyers can argue for their client's innocence, negotiate plea deals, and present evidence to sway judges and juries. In civil cases, however, private judges may have more power than lawyers because they can provide a faster and more specialized resolution of disputes.