Posted by Lou Pilder on October 11, 2006, at 22:33:55
In reply to Re: Discretion, posted by Jost on October 11, 2006, at 21:37:08
Friends,
It is written her about prosectorial discretion.
There are 100s of limits to this concept, for it is covered extensivly to protect people from arbitrary, capricious or discriminatory conduct by the prosecutor. The prosecutor's descretions are limited.
In (712), selective prosecution is not permitted. In (714) improper motivation is not permitted in the prosecutor's discretion. In (715) disparate treatment is not permitted by the prosecutor. In (716) prosecution in regards to race or religion and vice versa is not permitted by the prosecutor.
In short, prosecutorial discretion in the U.S. is not absolute and is goverend by higher laws including, but not limited to, the 1st, 5th and 14th amendments to the U.S. Constitution.
If you wqwould like to see all of the restraints to prosecutorial discretion, you could email me if you like.
Lou
lpilder_1188@fuse.net
poster:Lou Pilder
thread:693800
URL: http://www.dr-bob.org/babble/admin/20060918/msgs/693994.html