Prosecution in the Making I: Prosecutorial Discretion: Plea Bargaining and Pretrial Detention

Session Submission Type: Complete Thematic Panel

Abstract/Description

This session is one of four titled “Prosecution in the Making”, designed to bring together new evidence on the organization, context and strategy of local/national prosecution offices in the United States, Latin America, and the Caribbean. Specifically, the presentations will examine key issues related to prosecutorial discretion, plea bargaining, and pretrial detention (Panel 1); the investigative and decision-making processes of prosecutors (Panel 2); their role as courtroom actors (Panel 3); and their position within the broader justice system, focusing on politics and legitimacy (Panel 4).
Drawing on case studies from Colombia, Chile, Peru, Guatemala, Brazil, Argentina, Mexico, and the United States as well as other efforts at regional/comparative work, we explore common challenges for research, policy and advocacy, as well as opportunities for follow-up work to deepen connections to theory and practice.

Sub Unit

• Area VI. The Criminal Justice System / 44. Prosecutorial Discretion and Plea Bargaining

Individual Presentations

• Prosecutorial discretion and the erosion of power in criminal legal systems: Insights based on a case study of Brazil - Anna Heinzmann, University of Missouri-St. Louis

• Pretrial inequalities: The effect of bail reforms on racial & ethnic disparities - Esther Laaninen, Rutgers University

• How prosecutors talk about risk: Analyzing prosecutors’ bail requests and reasoning in Pennsylvania - Jennifer Peirce, Vera Institute of Justice; Caitlin Yee, Vera Institute of Justice

• A Quasi-experimental Impact Evaluation of the “Organized Crime and Homicides Specialized Prosecution Team” in Chile - Carlos Diaz-Guimaraens, Universidad Alberto Hurtado

Chair

• Maria Arndt, John Jay College of Criminal Justice

Organized by a Division or external group?

Prosecution in the Americas Working Group