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No democracy can commit secret court, because then there is no check that the formidable powers of prosecutors and judges are not being abused.
Chief Justice Tani Cantil-Sakauye noted that Proposition 47 voters intended to curtail the powers of prosecutors in certain cases.
With the proliferation of mandatory-minimum sentences and other get-tough policies, and the contraction of legal resources for public defenders, the already enormous charging and plea-bargaining powers of prosecutors expanded even more.
In this way, mandatory minimums undermine the integrity of the justice system by weakening the role of judges in determining proper punishments, increasing the powers of prosecutors beyond their proper roles, and driving record high prison populations, which have had a devastatingly disproportionate impact on minorities and the communities that are experiencing the most violence.
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The power of prosecutors was deliberately curbed.
"Influence & Injustice: An investigation into the power of prosecutors" by Josh Salman, Andrew Pantazi and Michael Braga, The Sarasota Herald-Tribune.
The opposition leader, Silvio Berlusconi, a former prime minister and media tycoon, has led the campaign to limit the power of prosecutors.
The rise in mandatory minimum sentences has damaged the integrity of the justice system, reduced the role of judges in meting out punishment and increased the power of prosecutors beyond their proper roles.
Waivers are a common but largely hidden element of plea bargains — which, in many federal cases, aren't really bargains because the power of prosecutors is often so much greater than that of the defendants or their lawyers.
Mr. Moon said that Mr. Roh actually ended up strengthening the power of prosecutors by weakening one check on their power: the National Intelligence Service, the South Korean spy service used by military rulers against South Korea's citizens.
We examine the power of prosecutors in plea bargaining, and, in particular, in deciding whether to seek the death penalty or resolve a case with a plea bargain, as well as the prosecutor's power to obtain evidence and information by agreeing to dismiss charges or grant other favors to people with criminal charges.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com