(cont'd from yesterday's post)
About 90% of U.S. criminal cases are handled by elected district attorneys: "Once elected, rogue prosecutors refuse to prosecute entire categories of crimes that are on the books in their states, justifying their refusal by claiming prosecutorial discretion.”
Yes, these D.A.'s use their own preference about which criminal cases to prosecute.
So if (for example) the legislature makes it a crime to resist the police making an arrest, a rogue prosecutor (D.A.) might decide not to prosecute breaking that law--it's up to him or her. The practical effect of it is, he repeals a law legally created--when it's his responsibility to to enforce it.
In 2022, Manhattan's newly elected D.A. announced that his office would not prosecute the following: "marijuana misdemeanors; not paying public transportation fare; trespassing . . resisting arrest, obstructing governmental administration in certain cases, and prostitution."
The police are "concerned about the messages these types of policies send to police officers and criminals on the street. . . there are already too many people who believe that they can commit crimes, resist arrest, interfere with police officers, and face zero consequences.”
from CNN
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