Why Prosecutors Overcharge?

In his most recent Huffington Post blog post titled Overcharging George Zimmerman With Murder, Prof. Bennett L. Gershman of Pace Law School analyzes the implications of prosecutors charging defendants with crimes “that cannot reasonably be supported by the evidence.” He points out the extraordinary discretionary power prosecutor possesses and the potential for abuse this power can lead to. Prof. Gershman takes the Florida George Zimmerman case in which the defendant was charged with second degree murder and demonstrates the considerations and the decision process the prosecutor engages in when charging a defendant.

What do you think – did the prosecutor in the Zimmerman case overcharge to create leverage for plea bargain, was it a trial tactic, or was she pressured by public?

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