NACDL

Reform of the prosecution function is an essential component in any movement to eliminate unwarranted disparities and other injustices in our criminal justice system. However, prosecutorial reform promises to be a complicated undertaking for a variety of reasons. First, the need for reform is born of multiple, complex causes. The many state, local, and federal prosecutors perform their duties and responsibilities in a variety of ways. Most prosecutors are motivated by a desire to enforce the law in ways that will produce justice for the communities they serve. However, all too often, their well-intentioned prosecutorial decisions produce unintended, undesirable results, such as dissimilar treatment of similarly situated victims and defendants. Other prosecutors are motivated primarily by the desire to win and advance their careers. These prosecutors are more likely to do whatever it takes to secure convictions and thus are more likely to engage in prosecutorial misconduct. Thus, the ne