Prosecutorial Discretion

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  • #20916
    john.j.baeza
    Participant

    Would one of the professors kindly explain the President’s prosecutorial discretion?

    #20917
    gutzmank
    Participant

    Faced with limited resources, no prosecutor can enforce all of the laws with equal vigor. It is in the discretion of each to decide which to emphasize and which not. The president, as the person in whom the Constitution purports to vest all of the Federal Government’s executive authority, has this discretion within the ambit of the Federal Government.

    #20918
    john.j.baeza
    Participant

    Thank you kindly Professor!

    #20919
    gutzmank
    Participant

    You’re welcome.

    Note that this discretion doesn’t extend to dispensing with a law altogether, which was regarded by the Revolutionaries as an objectionable practice of the worst British monarchs.

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