3 ms·
> Prosecutorial discretion definitely undermines the rule of law, and is a well known people, but it’s everywhere in every justice system and has nothing to do
by OrvalWintermute 5y ago
> Prosecutorial discretion definitely undermines the rule of law, and is a well known people, but it’s everywhere in every justice system and has nothing to do with the government’s approach to guns.
Prosecutorial discretion is an incredibly great thing, and is another element of the legacy bequeathed to us from the Romans by way of the English, through English Common Law.
The old statement de minimis non curat lex (the law does not concern itself with trifles), alternatively, de minimis non curat praetor (the praetor does not concern himself with trifles) illustrates why justice must be tempered with wisdom, although not exactly the same thing as prosecutorial discretion.
The government does not have unlimited resources with which to pursue cases. When it does wield the terrible power of the justice system against a suspect, it should be in the right instances, and for the right reasons, for an example.
A good example of prosecutorial discretion is around a case where a father finds his daughter or son, actively being raped/molested. In some cases, it may go to grand jury if there is a death [1]. However, in other examples [2], a prosecutor declines to prosecute given all of the circumstances, and weighing what happened.
While there is such as thing as selective enforcement, where bias has entered the mind of some element of law enforcement and enables some to be pursued, or others not to be for some bogus reason, that is not what we are talking about here.
[1] https://abcnews.go.com/us/charges-texas-father-beat-death-daughters-molester/story?id=16612071 https://abcnews.go.com/us/charges-texas-father-beat-death-da...
[2] https://www.dailymail.co.uk/news/article-2700872/My-son-saved-attackers-life-Father-pounded-admitted-child-molester-bloody-puddle-claims-son-stopped-stabbing-admitted-pedophile-death.html https://www.dailymail.co.uk/news/article-2700872/My-son-save...