A colleague from Berkley School of Law recently shared his research paper, “Using Deterrence Theory to Promote Prosecutorial Accountability.” This has been a hot topic recently as media reports and entertainment both highlight unethical conduct by prosecutors.
The judicial review process reveals instances of prosecutorial misconduct. But then what happens? Wrongful convictions, harsher sentencing, and certainly a loss of trust in the judicial system result when prosecutors get away with violating defendants’ constitutional rights.
Currently, there is no universal, effective response to unethical prosecution. The appeals process may be applied in specific cases, but the problem remains that prosecutors committed a violation in the first place. Professional discipline, civil and criminal liability, and the threat of losing elections hold prosecutors accountable inconsistently. These measures are not powerful enough to protect defendants’ rights to due process. Most prosecutors who break or bend the rules face few, if any, consequences.
Sarma proposes using deterrence theory to increase accountability for prosecutors. Deterrence theory underlies our criminal justice system. Put simply, it’s the idea that people who fear punishment are less likely to break the rules. You don’t want to get a speeding ticket, so you watch your speed. You don’t want to get fired, so you show up to work on time.
Deterrence warrants some criticism, of course. Some contend it isn’t working, because it hasn’t prevented us from having an enormous rate of incarceration. Unfortunately, we use deterrence theory to justify ineffective approaches such as placing inmates in solitary confinement.
Sarma makes the point that prosecutors make their livelihoods applying deterrence theory; as such, it would only be fair to apply it strategically to prosecutors as well. What if prosecutors knew they would lose their jobs for withholding evidence from the defense, for example? Would they be more likely to make ethical decisions in order to avoid swift, severe and certain sanctions?
Deterrence theory explains, in part, why our current accountability systems for prosecutors (or lack thereof) fail. If sanctions for breaking the rules produce a, “So what? Who cares?” then they offer little incentive to behave ethically. Other problems creating an accountability gap include the difficulty in identifying breaches of conduct in time to apply meaningful sanctions. Critics of applying deterrence to prosecutors argue that such policies might make those intent on breaking the rules more unethical; that is, they will more thoroughly cover their tracks to avoid punishment.
For now, Sarma concludes deterrence is one useful framework we can use to come up with reforms. No doubt, we need those reforms.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.
A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
