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Prosecutorial discretion is a different than checks and balances. C&B describes the interrelations between branches of government in furtherance of good governa
by tiahura 6y ago
Prosecutorial discretion is a different than checks and balances. C&B describes the interrelations between branches of government in furtherance of good governance. Only a single branch of government is involved here - the executive.
There are at least two related principles behind prosecutorial discretion. One is that the system should be biased against prosecuting people because putting people in jail shouldn't be our goal. Another principle is that law enforcement, from the local cop all the way to the US Attorney General, has to have some discretion in how they do their job - e.g. do we really want cops pulling everyone over who is 1 mph over the speed limit?