Overloaded Prosecutors

Abstract

Prosecutors across the United States often are assigned many more cases than they can competently handle. In this paper, we first look at the prevalence of such prosecutorial overloading. We then describe the negative practical consequences such overloading is likely to have on defendants, victims, and the public. Finally, we examine the perverse impact such heavy caseloads are likely to have on prosecutorial ethics, undermining adherence to the many critical ethical obligations we place on prosecutors.

Keywords: ethics, legal ethics, professional responsibility, criminal justice, prosecutor, criminal process

JEL Classification: K10, K14, K19, K40, K41, K49