Prosecutors have a great deal of discretion in criminal cases. They decide whether to file charges, what charges to file, and how to negotiate plea agreements. This discretion gives prosecutors a lot of power, and it is important that they use it responsibly.

The Brennan Center for Justice report, “Prosecutorial Discretion and the Intersection of Race, Gender, and Class,” found that prosecutors’ discretion can have a significant impact on the lives of people of color, women, and low-income individuals. The report found that prosecutors are more likely to file charges against people of color, even when they are accused of the same crimes as white people. Prosecutors are also more likely to offer plea deals to people of color that are more favorable to the government.

The report also found that prosecutors are more likely to file charges against women for minor offenses, such as prostitution and drug possession. These charges can have a devastating impact on women’s lives, making it difficult for them to find housing, employment, and child care.

The Brennan Center report makes a number of recommendations to reform prosecutorial discretion. These recommendations include:

• Requiring prosecutors to explain their charging decisions. This would help to ensure that prosecutors are using their discretion fairly and impartially.
• Providing more training for prosecutors on implicit bias. This would help prosecutors to be aware of their own biases and to make decisions that are not influenced by race, gender, or class.
• Creating an independent body to review prosecutorial decisions. This body would be able to investigate allegations of prosecutorial misconduct and to make recommendations for reform.

The Brennan Center report is an important reminder that prosecutors have a lot of power, and that this power must be used responsibly. The report’s recommendations provide a roadmap for reforming prosecutorial discretion and ensuring that the criminal justice system is fair for everyone.

Here are some assumptions I have about prosecutors:

• They are dedicated to seeking justice. Prosecutors are sworn to uphold the law and to seek justice. They are trained to be fair and impartial, and they are committed to ensuring that the guilty are punished and that the innocent are not.
• They are overworked and underpaid. Prosecutors often have heavy caseloads, and they are often paid less than other lawyers. This can lead to burnout and can make it difficult for prosecutors to do their jobs effectively.
• They are under a lot of pressure. Prosecutors are often under a lot of pressure to win cases. This pressure can lead to prosecutors making decisions that are not in the best interests of justice.

It is important to remember that prosecutors are human beings, and they are subject to the same biases and prejudices as everyone else. However, prosecutors also have a responsibility to use their power wisely and to ensure that justice is served.