Comment Re:Nice prosecutor (Score 1) 432
Any prosecutor, in any reasonable system, must have the role described above ("According to Swedish law, the responsibility of the prosecutor is not to get the most severe punishment, but the most appropriate and lawful one. The prosecutor may not even prosecute if he/she is not reasonably sure it will result in a conviction.").
How else could a prosecutor's office work? Would she have to prosecute someone for reckless driving every time she saw it on her way to the office? Could she never decline to prosecute in the interest of justice?
Attorney General Robert Jackson gave a great speech once on the role of federal prosecutors. He was later appointed to the Supreme Court.
He said: "Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done. The lawyer in public office is justified in seeking to leave behind him a good record."
The prosecutor is a minister of justice. If the one in your state or county doesn't measure up, hire a new one at the next election. If yours isn't elected, hire a new person for the job that comes with appointment powers. (For what it's worth, note that United States Attorneys are appointed by the President and confirmed by the Senate).
How else could a prosecutor's office work? Would she have to prosecute someone for reckless driving every time she saw it on her way to the office? Could she never decline to prosecute in the interest of justice?
Attorney General Robert Jackson gave a great speech once on the role of federal prosecutors. He was later appointed to the Supreme Court.
He said: "Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done. The lawyer in public office is justified in seeking to leave behind him a good record."
The prosecutor is a minister of justice. If the one in your state or county doesn't measure up, hire a new one at the next election. If yours isn't elected, hire a new person for the job that comes with appointment powers. (For what it's worth, note that United States Attorneys are appointed by the President and confirmed by the Senate).
