Prosecutors Have Too Much Power in America

Prosecutorial powers are burgeoning in America, where prosecutors and judges have seen their powers exponentially rising over the last few decades — especially since the early 1980’s and the advent of the fictitious “Tough on Crime” campaign.

It’s become so imbalanced, that they’re almost monarchs within the courtroom with little fear of reprimand for any wrongdoing whatsoever. Prosecutors determine bail, the charge, the conviction (almost always via a coerced plea bargain), and the sentence.

 

The Rockefeller Drug Laws

Prosecutors gained a lot of power beginning with the Rockefeller Drug Laws, passed in 1973 in the state of New York, where Nelson Rockefeller was Governor.

He signed the bill into law on March 8, 1973.  These laws mandated harsh sentences for possession of drugs, and in some cases, mandatory minimum sentences.   Individuals caught selling 2 ounces of drugs (even marijuana) would receive a mandatory 15 years in prison.

This also resulted in the modern-day “650-Lifer Law”, which says that one convicted of selling over 650 grams (about 23 ounces) of cocaine or any hard opiate shall be sentenced to life without parole.  The impetus for the enacting of these laws can almost assuredly be traced back to Richard Nixon, who introduced the idea of “Tough on Crime” along with stiff drug sentencing.

Since Rockefeller had presidential aspirations, he viewed the enacting of these laws would boost his national public profile.

But the real boon for prosecutors came in the 1980’s, when Tough on Crime was finally stated in the Presidential State of the Union address, thus giving politicians a platform to run on.

 

The Comprehensive Crime Control Act of 1984

On October 12, 1984, Ronald Reagan signed the bipartisan-supported Comprehensive Crime Control Act of 1984 into law.  The bill was sponsored by Senator Strom Thurmond of South Carolina.  There were many things included in this bill that would have long-term consequences still in place today, including (but not limited to):

• The Sentencing Reform Act

The Sentencing Reform Act would be included in this bill.  The Sentencing Reform Act called for the creation of the U.S. Sentencing Commission, and is regarded as the birth of the modern day sentencing guidelines, which restricts the discretion of judges, and hands even more power to the prosecutor’s office.

• The U.S. Sentencing Commission

The U.S. Sentencing Commission held its first meeting on October 29, 1985. Its seven voting members, at least three of whom must be federal judges, serve six-year terms.  This commission is responsible for all federal sentencing guidelines, and “tougher on crime” amendments to existing laws.

• The Bail Reform Act

The Bail Reform Act of 1984 would also be included in the bill, which rendered obsolete the Bail Reform Act of 1966 — as well as our 8th Amendment guarantee to a reasonable and affordable bail.

All of the provisions that came from the Comprehensive Crime Control Act, as well as vestigial effects from the Rockefeller Drug Laws are what led to America's prison epidemic.

We must enact legislation that severely limits the powers of the prosecutor, and that restores the checks and balances sorely lacking in America's criminal justice system.