Quote:
Originally posted by Atticus Grinch
By comparison, prosecutors have discretion to charge, including the discretion not to charge at all. It happens every day. Ask a prosecutor --- they'll tell you they keep more guilty people out of prison every month than a defense attorney can hope to in an entire year.
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But I thought the whole "anti-individual-discretion" movement was predicated on the idea that such decisions had to be removed from the hands of individuals, and transferred to formulae. The whole sentencing guidelines concept arose there, based on the idea that we needed to get these decisions out of the hands of anyone who COULD make the decision on unacceptable grounds. How can we now allow prosecutors to do what we don't allow judges to do? (I'm not arguing that this isn't the case - I don't know anymore - just that, if it is, isn't this a step back to unequal justice?)
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