Prosecutors are the most important element in court cases. They determine the charge the defendant will face and negotiate plea bargains.
In the 80s, courts adopted mandatory minimum sentences; therefore, the specific charge a defendant faces within a menu of options that carry lesser and more severe penalties is crucial.
More than 90% of cases are resolved without a trial and through a plea bargain. In state courts, that number is around 98%.
Prosecutors often select a very harsh charge and then offer a plea bargain to coerce the defendant into electing to avoid a trial. People (even the innocent) will sometimes choose to plea to a lesser crime in order to eliminate the possibility of a very long sentence. There is no constitutional limit to what a prosecutor can threaten. A man stole a check and used it for $88 worth of groceries and the prosecutor decided to charge him with his third strike. He got a life sentence.
Because of mandatory minimums attached to specific charges, the prosecutors limits the options judges have even when the judge would prefer to offer greater leniency
Another issue is district attorney and jail fees. When a person becomes involved with the criminal justice system, they are charged fees and fines that both pile up and follow a person even after then end of that interaction with the criminal justice system (and remember, people with convictions face major challenges finding employment that can make it challenging to make the payments to the courts and DA’s offices. In many DA offices, these fees are what fund their work so they have a major interest in making sure they arrange for the greatest potential financial return because it is connected to their paycheck.
Efforts at Reform: Diversion Programs
The defendant gains entry into the program and pleads guilty. They are given a jail sentence but are allowed to live at home with a curfew and work with a social worker in an attempt to achieve education or work opportunities.
This can include assistance with substance abuse and mental health issues.
Another element of diversion programs require no contact with police and that can be a problem when the participant lives in a space that receives frequent attention by the police.
Oklahoma City has multiple diversion programs for juveniles, veteran’s, individual with mental health and substance abuse issues, and women.