Should prosecutors be elected?

From "Anti-Zimmerman" thread:

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Originally Posted by Veldan Rath

No, I'm thinking the AG likes to overcharge an is a politican in the making .

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In America I believe District Attorney's etc are directly elected officials (Law and Order often had the politics of this and elections interfering factoring into case decisions; as I believe Veldan seems concerned about here). In the UK its the role of the Crown Prosecution Service (CPS) so the people involved are non-political civil servants though Parliament can change the paramaters they operate under.

Which do you prefer? I wish we had more things directly elected like in the US (including the Police Commissioners) but for issues of the actual trials so prosecutors and judges themselves I'm uncomfortable with the notion of those roles essentially being filled by politicians looking to get elected rather than do the right thing.

Well, the DA is elected but that's actually just the head of the office. Most of the prosecutors are hired workers (I'm not sure if they're actually Civil Service or not, but they're definitely hired, not elected). I still loath the practice and more or less make it a point not to vote for DAs or former DAs when they're seeking higher office.

Depends on the state, municipality, and jurisdiction. I live in a Commonwealth State (PA) that harkens back to English provincial rule. We have elections for local Mayors, Sheriffs, Police Chiefs, and Judges. Also Prothonotaries, Tax Collectors, and Coroners. Once elected, those officials can appoint personnel under their agency authority.

Sorry if I was misleading in my above quote, I mean that she may be overcharging so she can run for higher office.

I can understand why they are elected, but I do think it's an area that you want more or less independent.

Over here I think they fall under the ministry of justice.

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Originally Posted by Veldan Rath

Sorry if I was misleading in my above quote, I mean that she may be overcharging so she can run for higher office.

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That's what I thoguht you meant. My problem is that for the judicial system ideally running for higher office shouldn't be coming into account when they act. It should be done professionally based on the cases not based on populist politics.

HAHAHAHAHAHA...oh you were serious. :(

I LOVE having elected officials. An ex girlfriend lived in a district with a DA who flat out lied to people to get them to plead guilty to lesser offenses. (on a lot of marijuana crimes). Word got out, and the citizenry voted him out of office.

Do a good job, you stay in power, do a bad job, you get dismissed. I like it.

Except that gets only a couple of steps away from mob rule.

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Originally Posted by ImAnOgre

I LOVE having elected officials. An ex girlfriend lived in a district with a DA who flat out lied to people to get them to plead guilty to lesser offenses. (on a lot of marijuana crimes). Word got out, and the citizenry voted him out of office.

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Why should that require an election to remove the DA? Frankly that sounds like it should be criminal - falling under either Fraud or Misconduct In Public Office (or whatever equivalent term you'd use). I don't see why it'd need to wait until the next election before it gets dealt with. What's the term they serve? If it was a couple of years before the next election would you be content waiting until then before it gets dealt with?

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Originally Posted by Veldan Rath

Except that gets only a couple of steps away from mob rule.

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Originally Posted by RandBlade

Why should that require an election to remove the DA? Frankly that sounds like it should be criminal - falling under either Fraud or Misconduct In Public Office (or whatever equivalent term you'd use). I don't see why it'd need to wait until the next election before it gets dealt with. What's the term they serve? If it was a couple of years before the next election would you be content waiting until then before it gets dealt with?

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It's very hard to prove criminality, and harder still to even wage a case against the folks who actually prosecute the law.

While I am uncomfortable with the idea of politics motivating prosecutions, I prefer having some kind of public input in an DA's overall job performance than the prosecutors being an insular community of appointees. The appointed folks live in a world that is possibly more political than an elected official; appointed cronies don't really pursue justice as much as they pursue pleasing their boss.

I get the impression that the harmful/dangerous behaviour that can arise from electing prosecutors is likely to be far more pervasive than the problems that may arise from having them be appointed and removed in some other way. I absolutely think that it's preferable to have something akin to the UK's CPS. But I also think that the most important thing is to make sure to limit a prosecutor's ability to fuck about.

As crass as electing them seems to you and me, I can't help but ask:

If they are appointed, how can their fuckabouting be limited? And how are they able to investigate politicians if they are appointed (and fired) by politicians?

A related question is whether judges should be elected or appointed?

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Originally Posted by Dreadnaught

As crass as electing them seems to you and me, I can't help but ask:

If they are appointed, how can their fuckabouting be limited? And how are they able to investigate politicians if they are appointed (and fired) by politicians?

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They're appointed (and fired) by the Civil Service, many steps removed from anyone being elected.

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Originally Posted by RandBlade

They're appointed (and fired) by the Civil Service, many steps removed from anyone being elected.

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As if the Civil Service never needs to be prosecuted. :eek:

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Originally Posted by Dreadnaught

As if the Civil Service never needs to be prosecuted. :eek:

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How often does the civil service need to be prosecuted and how often do you need DAs who aren't busy politicking?

A large civil service frequently needs prosecution. If you increase the size of government, you increase the amount of likely fraud. Just the nature of a large system. Government workers are people, after all, not Gods.