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Boise State University

Criminal Justice Faculty Publications and Presentations

2006

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Is It A Prosecutor’S World?: Determinants Of Count Bargaining Decisions, Jeremy Ball Jan 2006

Is It A Prosecutor’S World?: Determinants Of Count Bargaining Decisions, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

Scholars agree that the American prosecutor possesses a great amount of discretion (see Albonetti, 1987; Kersetter, 1990; Thomas & Fitch, 1976). Scholars also agree that such discretion has the potential to result in discrimination in the form of unwarranted disparity (Walker, Spohn, & DeLone, 2000). American prosecutors use their discretion to make initial charging decisions, to seek the death penalty, and to negotiate plea agreements.

One of the most profound and frequently studied issues in the American criminal justice system is racial discrimination. Research indicates that Black offenders are disproportionately represented in prison populations (Blumstein, Cohen, Martin, & Tonry, 1983; …