Vindicating Proseuctoral Vindictiveness
“Becoming Aware Of Malicious Prosecution”
Defined by the Supreme Court, “vindictiveness” or to be “vindictive” means “that a prosecutor has retaliated against a defendant for the exercise of a legal right, denying him/her due process” according to Doug Leib, author of Vindicating Vindictiveness: Proseuctoral Discretion and Plea Bargaining, Past and Future, of the Yale Law Journal (Leib,1016).
There is a near, almost invisible line that has been ignored by many individuals whom have the right of power and those of whom manipulate his/her power because of his/her employment position. For example, there might be a Prosecuting Attorney that will seek justice that is written within the guidelines of the law, yet still have the ability does his/her job with the professional standards, and the compassion that is needed to treat the victim as well as the, constitutional rights of the defendant, without any aggression or prejudice , and maintaining the integrity that it takes to earn and uphold the respect of the citizens of the United States of America, thus giving back to the meaning of “And Justice For All” , allowing the restored faith of that citizens of the United States, to flood back into its Criminal Justice System. However, this is not a picture that is painted so pretty. For some, proseuctoral power is taken over and the thin invisible line is crossed. To some, the power they have behind their position, causes them to lose all the moral and ethical pursuit of the objectives. The problem then is, that they find them selves in a battle of proseuctoral power VS. acceptance of responsibility.
In the Columbia Law Review, an essay written by Ronald F. Wright, titled “Sentencing Commissions As Provocateurs Of Prosecutorial Self-Regulation” stated that “prosecutors have become more powerful through the potent combination of far-reaching and duplicate criminal codes and that “prosecutors have accumulated new powers and encounter no new regulation of authority” (Wright 1012).Like sentencing guidelines for Judges, vindicating vindictiveness is on the rise in the United States, violating the procedural rights of many criminal defendants for many years, mainly the defendants Due Process rights. Dictionary.com defines Due Process as “a principle, that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. The Bill of rights and the fourteenth amendment to the Constitution
guarantee that any person accused of a crime must be informed of the charges, be provided with proper legal counsel, be given a speedy and fair trial, not to be subject to cruel or unusual punishment, enjoy equal protection of the law, no unreasonable searches and seizures, and no Double Jeopardy”. (Dictionary.com). Written for the rights of the people to be treated fairly by those whom took an oath and swore to uphold the law. Due process was developed from...