Tag Archives: hypocrisy

Another Dose of Prosecutorial Discretion

Here’s a footnote to my recent post on prosecutorial discretion. Of course, the Grand Jury verdict not to indict Darren Wilson in Ferguson was a product of prosecutor McCulloch’s decision to perform a non-directive prosecution accompanied by a “jury dump” without benefit of clear guidelines and instructions. This had the predictable result that the jury would carry on its own trial, not only absent vigorous prosecution, but by all accounts a prosecution that played more of the role of a defense attorney then a representative of law enforcement prosecuting a crime.

The way McCulloch proceeded in the case is almost never done by prosecutors and it illustrated perfectly the contrast between prosecution for me, and discretion for thee, the very mark of a legal system that is broken, failing to produce equal justice for all, under the law. This is perfectly acceptable to many Americans when it is not their ox that is being gored. So, we recently heard thunderous recriminations from the right over the President’s executive orders on immigration, but perpetual loud silence about the IRS’s failure to enforce the law prohibiting tax exemptions for claimed 501 (c) (4) organizations that are not exclusively engaged in social welfare activities. Now, we’re seeing rage against a prosecutor who obviously fixed an unjust outcome in a prosecution he did not want to engage is at all. The rage is justified, of course, and there are many lessons we can draw from Ferguson, but surely one of them is that we need to limit prosecutorial discretion. It gives prosecutors far too much power to ‘fix’ justice, which in various ways they do all the time.

If you want to Revel in Blind Hypocrisy Read the Comments to an Attack on the Left

By William K. Black

We all know that the folks who comment on web sites are not a random selection of humanity.  They tend to have stronger views than the general public and on sites that have intense political views they are commonly nasty towards their political opponents.  An anonymous conservative author who writes under the pseudonym Leften Wright about being oppressed by liberals has just authored an article pitching his book.  The article claims that liberals are (uniquely) rude to conservatives.  Conservatives and liberals periodically write this article demonizing their opponents for the alleged crime of demonizing their opponents.  As befits the genre, the anonymous author relies on innuendo and ad hominem attacks that generalize to his/her political opponents based on slights to the author.  None of these personal slights can be tested given the author’s anonymity.

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