Prosecutorial Discretion

The cluster discusses prosecutors' extensive discretion in deciding whether to charge, what crimes to pursue, overcharging tactics, selective enforcement, and lack of accountability, with references to cases like Aaron Swartz.

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Keywords

NLRB US SEC SCOTUS DOJ slate.com REACT U.S wikipedia.org DA prosecutors prosecutor prosecute prosecution discretion don right charges justice attorney states

Sample Comments

kragen • Aug 7, 2023 • View on HN

the article explains that they do in fact prosecute thootherwise i agree

ikiris • Aug 22, 2024 • View on HN

Only if a prosecutor wants it to be.

rdtsc • Jan 13, 2013 • View on HN

There are several supposedly built-in safeguards to protect our country's citizens from abuse, inflicted by the government.One is the law. The idea that representatives that people elect will end up creating just laws.If that fucks up, then ...Prosecutors who prosecute on behalf of the state (as in country here, US, not necessarily a specific state) can chose not to prosecute a case. If they have a teenager who smuggled a little pot from Mexico or they have a white collar embezzlement c

77pt77 • Nov 3, 2023 • View on HN

You forgot about prosecutorial immunity.

kadoban • Jul 27, 2023 • View on HN

He's still being prosecuted for the more serious crimes. Prosecutors pick and choose which things to actually try to make stick all the time, it's basically their job.

RealGeek • Nov 26, 2014 • View on HN

It is unfortunate that prosecutors have so much discretion that they can enforce selective prosecution. On one side they bully people like Aaron Schwartz for victimless misdemeanors by threatening them with decades in prison and on the other side they can let go murders like Darren Wilson with no charges.

tomatotomato37 • Feb 26, 2022 • View on HN

No, but who's going to prosecute?

sp332 • Aug 13, 2013 • View on HN

Yes, and criminals routinely abuse it. There is a "right" for the prosecutor to prosecute a crime, too.

Dylan16807 • Sep 30, 2016 • View on HN

The prosecutor is probably pressing charges for political reasons.

patzerhacker • May 8, 2015 • View on HN

Prosecutors have wide discretion in whether or not to charge people. Perhaps they should exercise that discretion.