[Cons] Article III - Section 1 (5 of 10) Prosecutors

The former prosecutor who went berserk against the Duke Lacross team is one of the few examples of a prosecutor actually being punished for misconduct.  The truth is, as flawed as our system of justice may be against Law Enforcement, it is infinitely better than it is against Prosecutors.  Prosecutors wield tremendous power. 

I've mentioned these in numerous examples, but here are just a few examples.

Here, Here, Here, Here, Here, Here, Here, Here, Here, Here, Here, Here and Here.

And who publishes them? Basically no one.  Judges who arrogant snobs are a problem.  You can fix that with an empowered jury but a prosecutor who uses outrageous plea bargaining is able to wield psychotic levels of power.  The problem is, an institution is going to function how it was designed.  When you have prosecutors as an elected or indirectly appointed office, those officers want to get promoted and will work to show off how awesome they are with high numbers of convictions, not caring whether or not those prosecutions make sense.  We're not talking good or evil here; though there are good prosecutors who help people out when they need it, and evil prosecutors who sell children up the river with corrupt judges; we're just talking human nature.  When a prosecutor is in office, he wants to look good.  By making prosecution a political matter, rather than a matter of justice, at a local level you create problems.  At a federal level, the imperial nature of the US government causes the government to want to wield its power with majesty and awe.  This attitude started with J. Edgar Hoover and it has never really stopped since.

So let's itemize some of these problems, shall we? Specifically at the Federal level.

1) The US Attorney is appointed by and works at the pleasure of the President of the United States.  Furthermore, a federal court will not take a case unless someone has standing, and unless someone can prove specific harm, you can't take the government to court for violating the constitution.  That means unconstitutional acts (like violating a senate ratified Treaty on Torture) are completely and utterly ignored by the courts, because there is no one to prosecute them.

2)  The US Attorney is a cabinet level position, so he's peers with and buddy buddy with the very people he is supposed to able to prosecute if they violate the constitution.  The courts can't act as a check for what the prosecutor won't prosecute.

3) The US Attorney is ALSO in charge of the Justice Department, which includes several premier US Law Enforcement Agencies, including the FBI.  Which means when the FBI goes rogue, there aint no one to prosecute them except in the worst situations because the US Attornies work for the same guy as the FBI.

HOWEVER, as I said, as bad as cops are, internal affairs in this country works well enough that SOME things are not tolerated.  Publicly demanding bribes like they do in Mexico? Uh uh.  That's jail time buddy. 

So how to fix this?

Lots of countries make the justice department separate entirely from the rest of the government? This causes problems in Italy where the prosecutors go after the prime minister all the time.  I might see this is a problem, except that the Italian Prime Minister is the Itallian Rupurt Murdoch, aka fascist Burlosconi.  Maybe having someone file suit against Obama and Bush on a regular basis might make them respect the constitution a bit more.

How would they be appointed?  Lots of ways, but I think it should be a separate branch of the executive, so I'll talk about it more in Article II, but I will say that I think that prosecutors in general should be merged with law enforcement, and that the actual prosecution should be done as a part of law enforcement agencies.

If you just have a prosecutor sitting around 'protecting justice' they choose which laws they enforce, but also have to justify their existence by looking flashy.  Now, this won't be solved if its in law enforcement, but existing internal affairs departments could go after prosecutors rather than a non existent thing like what we have now.  I've been able to find all kinds of abstract reasons why they're supposed to be separate, but the real reason is that modern law enforcement is a modern invention while the King's prosecutor in court is an old feudal position.  When we became a democracy, the idea was to elect or appoint them, but like so much about Article III, so much of our courts was so poorly planned, it was just tacked on as an afterthought and just assumed it would work 'like the English courts.'

More importantly, the US attorney is not a constitutionally protected/defined role.  That means a simple act of congress could merge all US attorney positions into law enforcement agencies by a simple law without having to wait to reboot the constitution or amend the awful current one.