Courts Are Very Reluctant to Interfere with Prosecutorial Discretion

question 43

Essay

Courts are very reluctant to interfere with prosecutorial discretion. List and explain the three primary reasons for this given in the text. If it were discovered that there was a pattern of prosecutorial misconduct, how might this problem be investigated and repaired, keeping the previous list of three in mind?

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Definitions:

Situated Identity

The concept that an individual's identity and social position are shaped by the context or environment in which they are situated.

Identity Degradation

A response to repeated or glaring failures that destroys the offender’s current identity and transforms him or her into a “lower” social type.

Tactical Impression Management

The selective use of self-presentation tactics by a person who wishes to manipulate the impressions that others form of him or her.

Alter-Casting

A tactic in social interaction where one person imposes a role or identity onto another person, often to influence behavior in a desired direction.