All Articles tagged prosecutorial discretion

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• Justice Commentaries
  June 11, 2013 EDT
  THE DOUBLE JEOPARDY CLAUSE, NEWLY DISCOVERED EVIDENCE, AND AN “UNOFFICIAL” EXCEPTION TO DOUBLE JEOPARDY: A COMPARATIVE INTERNATIONAL PERSPECTIVE
  Steven V. DeBraccio

  In the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, could prosecutors use perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants?