Uneven Scales: How the Symbiotic Relationship Between Prosecutors and Judges Results in Unfair Criminal Proceedings

Abstract

This Article maintains that the symbiotic relationship between judges and prosecutors results in unfair and unjust criminal proceedings against defendants. Because most judges in the judiciary are former prosecutors, these judges have subconscious and apparent biases that favor the prosecution. This Article reviews data of judicial decisions, especially judges who were former prosecutors, to prove the pervasive influence of this symbiotic relationship. To overcome and diminish the power of the symbiotic relationship, this Article argues that the composition of the judiciary must change along with how prosecutors and judges function both together and separately.