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A big part of what I do is reviewing police reports and deciding whether to file charges or not- and if so, what charges to file. Just because a person is cited or arrested by the police doesn't mean that the DA's office is going to file a criminal complaint or petition. I send a significant number of police reports back to the agencies who submitted them, usually because I need more info or because the evidence is just plain insufficient. Even when I believe that a crime probably was committed, there may be reasons not to file. This function is called prosecutorial discretion. I was reading an article on this last week and was inspired by the following excerpt:
Nearly 70 years ago, as then-United States Attorney General, Supreme Court Justice Robert H. Jackson offered these eloquent words about prosecutor decision making:
The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous... [T]he citizen's safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility.
5 comments:
My job involves taking benefits away from injured workers and serving gigantic insurance corporations. I really love it, but nobody seems to have an inspiring quote for me.
Do you have one?
hmm jon, just off the top of my head, let's see...
"workmen's comp defense involves protecting business owners by bridling greed and dishonesty among those who without accountability would take advantage of the system.... defending the backbone of America's economy from insidious attacks."
sounds honorable to me.
Well, well, I was a hero and didn't know it.
I'm a big John Grisham fan - this blog made me think of his (non-fiction) book 'The Innocent Man'. Quite a story.
Great seeing you over Christmas, too bad it was so short, but nice all the same.
Love,
A. Margie
Great quote to keep before you Sean. Reminds me of another -
"He has told you, O man, what is good;
And what does the Lord require of you
But to do justice, to love mercy,
And to walk humbly with your God".
(Micah 6:8)
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