August 29, 2007

ONE OF MY EARLIER POSTS about abuse of prosecutorial discretion drew this email on prosecutorial discretion from reader Rob Ives:

It is often abused, and it is granted to some people I wouldn’t give the discretion to order dinner, but the alternative would not please you more. The legislative response is to mandate things a prosecutor would not do given discretion. As a law professor, not just another ignorant pundit, I think you should propose alternatives to discretion and examine the negative consequences thereof.

To some degree I’ve done so, and you can read about it in this essay. The opening sentence is more dramatic than most law review articles’: “They tried to kill my brother.”

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