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To: daniel1212

Unfettered prosecutorial discretion is essentially no law at all.

Common law has an essential element of predictability, without which it does not function.


5 posted on 04/03/2019 8:07:17 AM PDT by oldplayer
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To: oldplayer
Common law has an essential element of predictability, without which it does not function.

I would argue that the common law was the greatest invention of the Western World and provided a standard of justice that caused people to flock to it (British common law is the basis for legal systems in much of the world today, including Africa and India. Much of the rigor of Apartheid in South Africa was mitigated by the judicial sue of common law principles).

But we have largely abandoned it. One of the great enemies of the common law was Scalia, a fact that a lot of conservatives have never come to grips with.

Now the element of predictability is that the law will be interpreted to the benefit of the ascent in power of leftists. It is the power of the collective over the rights of the individual, be it liberty or property.

13 posted on 04/03/2019 8:15:46 AM PDT by AndyJackson
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To: oldplayer

Furthermore, capricious enforcement of the law is grounds for appeal. And elevates the prosecutor to the level of judge.


26 posted on 04/03/2019 8:45:52 AM PDT by IronJack
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To: oldplayer

Unfettered prosecutorial discretion is essentially ... an easy way to weaponize the law for political purposes.


41 posted on 04/03/2019 9:44:16 AM PDT by mumblypeg (I've seen the future, brother. It is murder. --L. Cohen)
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To: oldplayer

“Unfettered prosecutorial discretion is essentially no law at all.”

It’s worse. But it is a favorite way of doing business for liberals: selective enforcement of the laws. This becomes a way to use the power of law enforcement to wage war on your political enemies.

Take the president’s administration as an example. Targeted and harassed all of his staff, friends, patrons, and family. Charged and imprisoned former staff for offenses that were no-billed when Democrats did them. And far worse offenses were completely swept under the rug when Dems were under scrutiny.

No, law of the jungle would be superior to this unjust law enforcement system. It’s like having the mafia run government.


44 posted on 04/03/2019 10:20:18 AM PDT by unlearner (War is coming.)
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