PROSECUTORIAL DISCRETION AND ITS IMPACT ON A DEFENDANT’S FIFTH AND FOURTEENTH AMENDMENT RIGHTS

Prosecutors have high levels of discretion. Responsibilities of a prosecutor range from appropriate charging decisions to safeguarding principal criminal procedures. Understanding prosecutorial discretion is crucial since most convictions result from guilty pleas. Social scientists have analyzed empirical data on the influence of extra-legal characteristics during initial charging and sentencing stages. However, few have examined the interaction between case law and empirical research regarding a prosecutor’s perception concerning a defendant’s rights throughout case processing. Consequently, not much is known about how prosecutorial discretion impacts a defendant’s constitutional rights under the fifth and fourteenth amendments, specifically the Due Process and Equal Protection Clauses. This thesis evaluates prosecutorial discretion and provides a comprehensive analysis of how laws shape sociological theories and legal concepts. Implications of these analyses are discussed through the context of case law, theory, and research.