In theory, prosecutors are supposed to seek justice, not just convictions. In practice, unchecked prosecutorial power has created a system where certain tactics, legal on paper, can destroy lives, silence truth, and tilt the courtroom before a jury is even seated.
From intimidation to strategic gamesmanship, here are five prosecutorial tactics that should be banned but still get used in American courtrooms every day.
1. Overcharging to Force Plea Deals
Prosecutors often stack as many charges as possible, even ones they know won’t stick, to make the potential sentence so severe that defendants feel they have no choice but to plead guilty. It’s a numbers game designed to extract a conviction without ever testing the evidence in trial. Rural counties with small court houses like Allegan, Barry, and Van Buren Counties are both known for this practice.
2. Withholding Exculpatory Evidence
Under the Brady ruling, prosecutors are required to disclose evidence that could help the defense. But Brady violations still happen; sometimes by “forgetting,” sometimes by creative interpretation of what counts as exculpatory. When caught, the consequences are often a slap on the wrist, even though lives can be completely ruined. Consider Ray McCann’s case and the misconduct carried about by Michigan State Police Detective Bryan Fuller.
3. Witness Intimidation and Tampering
Threats don’t always come from gangsters; they can come from within the justice system itself. We’ve seen prosecutors (and their allies) lean on witnesses to stay silent or “remember differently,” using intimidation to shadow over testimony. According to multiple sources, this has happened in both Barry County and under St. Joseph County Prosecutor Deborah Davis.
4. Forum Shopping
By maneuvering a case into a specific jurisdiction or courtroom, prosecutors can ensure a favorable judge or jury pool. It’s sadly legal, but it absolutely undermines the principle of a fair and impartial trial. Clutch regulars will likely remember Allegan County Judge Margaret Zuzich Bakker engaging in such tactics.
5. Manipulating Bail to Pressure Defendants
Excessive bail isn’t just about money; it’s about control. Setting unaffordable bail keeps defendants locked up pretrial, making them more likely to accept a plea deal just to go home, regardless of actual guilt. We’ve seen multiple judges do this, but one of the most notable was Van Buren County Judge Michael McKay.
The Common Thread
These tactics exploit power imbalances in the justice system. They don’t just tilt the playing field; they bulldoze it. And until there’s meaningful oversight, prosecutors who abuse these strategies will keep winning cases at the expense of justice itself.
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