CommunityMyFDL Front Page

Another Dose of Prosecutorial Discretion

Here’s a footnote to my recent post on prosecutorial discretion. Of course, the Grand Jury verdict not to indict Darren Wilson in Ferguson was a product of prosecutor McCulloch’s decision to perform a non-directive prosecution accompanied by a “jury dump” without benefit of clear guidelines and instructions. This had the predictable result that the jury would carry on its own trial, not only absent vigorous prosecution, but by all accounts a prosecution that played more of the role of a defense attorney then a representative of law enforcement prosecuting a crime.

The way McCulloch proceeded in the case is almost never done by prosecutors and it illustrated perfectly the contrast between prosecution for me, and discretion for thee, the very mark of a legal system that is broken, failing to produce equal justice for all, under the law. This is perfectly acceptable to many Americans when it is not their ox that is being gored. So, we recently heard thunderous recriminations from the right over the President’s executive orders on immigration, but perpetual loud silence about the IRS’s failure to enforce the law prohibiting tax exemptions for claimed 501 (c) (4) organizations that are not exclusively engaged in social welfare activities. Now, we’re seeing rage against a prosecutor who obviously fixed an unjust outcome in a prosecution he did not want to engage is at all. The rage is justified, of course, and there are many lessons we can draw from Ferguson, but surely one of them is that we need to limit prosecutorial discretion. It gives prosecutors far too much power to ‘fix’ justice, which in various ways they do all the time.

(Cross-posted from New Economic Perspectives.)

Previous post

The Roundup for November 26th, 2014

Next post

“I Hate That Oil’s Dropping”: Why Mississippi Governor Phil Bryant Wants High Oil Prices for Fracking

letsgetitdone

letsgetitdone

Joseph M. Firestone, Ph.D. is Managing Director, CEO of the Knowledge Management Consortium International (KMCI), and Director and co-Instructor of KMCI’s CKIM Certificate program, as well as Director of KMCI’s synchronous, real-time Distance Learning Program. He is also CKO of Executive Information Systems, Inc. a Knowledge and Information Management Consultancy.

Joe is author or co-author of more than 150 articles, white papers, and reports, as well as the following book-length publications: Knowledge Management and Risk Management; A Business Fable, UK: Ark Group, 2008, Risk Intelligence Metrics: An Adaptive Metrics Center Industry Report, Wilmington, DE: KMCI Online Press, 2006, “Has Knowledge management been Done,” Special Issue of The Learning Organization: An International Journal, 12, no. 2, April, 2005, Enterprise Information Portals and Knowledge Management, Burlington, MA: KMCI Press/Butterworth-Heinemann, 2003; Key Issues in The New Knowledge Management, Burlington, MA: KMCI Press/Butterworth-Heinemann, 2003, and Excerpt # 1 from The Open Enterprise, Wilmington, DE: KMCI Online Press, 2003.

Joe is also developer of the web sites www.dkms.com, www.kmci.org, www.adaptivemetricscenter.com, and the blog “All Life is Problem Solving” at http://radio.weblogs.com/0135950, and http://www.kmci.org/alllifeisproblemsolving. He has taught Political Science at the Graduate and Undergraduate Levels, and has a BA from Cornell University in Government, and MA and Ph.D. degrees in Comparative Politics and International Relations from Michigan State University.

5 Comments