American Justice: Prosecutorial Discretion in the United States Criminal Justice System

Abstract

As the only American attorneys charged with seeking justice, prosecutors play an important role and carry a unique burden in the justice system. In the United States, prosecutors are administrators of justice, representing a sovereign whose interest “is not that it shall win a case, but that justice shall be done.” This article describes the discretion afforded to American prosecutors--which includes deciding whether to initiate cases against defendants, dismiss charges, enter into plea agreements, or go to trial--and outlines the ethical rules and cases that guide and govern the exercise of that discretion.