preview

Criminal Justice System Analysis

Decent Essays

The concept of legitimacy in a democratic government entails a system in which citizens have control over their representatives’ actions through the electoral process. Chief prosecutors throughout the United States are elected, for the most part, every four years. With the exception of Alaska, Connecticut, and New Jersey, the rest of the nation chooses their chief prosecutor via elections. Traditionally, elections serve as a process to allow citizens to regulate their elected representative, which places that elected representative in a position where he must be accountable to his electorate base or risk losing his position. Considering that prosecutors hold power and discretion to bring forth charges, offer plea deals, control funding, determine …show more content…

Uncontested elections are not legitimate elections, they are evidence to the faulty practices obstruct any chance at real change in the criminal justice system. Academia and research constantly produce studies discussing policy recommendations for police departments including alternate training procedures, drug decriminalization, community policing, and criticism for racist policing practices. However, prosecutors as individuals with substantial influence on criminal justice policy carry the discretion to implement new strategies from academia.Considering that currently, prosecutor elections produce little change for evolving justice systems, these elections must be modified to improve the criminal justice system and promote more civilian participation. According to data from the national survey of state prosecutors, “40% of the chief prosecutors have served twelve or more years, and 72% have served five years or more. The longevity is slightly less for the larger offices, with 35% of those prosecutors serving twelve years or more, and 70% serving five years or more “ ( 592). The long years at power for chief prosecutor illustrates the broken mechanisms that allow prosecutors to stay in office practically invisible to civilian contestation. Legitimate governmental systems cannot operate in a manner that does not invoke civilian participation because these invoke elements of authoritarianism. Current issues like marijuana legalization, police brutality, and mass incarceration cannot solely rely on congressional leaders for change, prosecutors as elected individuals must contribute to change. The lack of accountability produced from prosecutor elections offers little incentive for prosecutors to alter sentencing practices, department prioritizations or what crimes to dismiss, in essence allowing the opportunity for

Get Access