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Prosecutorial Indiscretion

Progressive district attorneys decline to pursue certain offenses, usurping the legislative role.

Baltimore is not prosecuting shoplifting or drug-possession crimes. Despite recent violent protests and occupations, St. Louis is not pursuing cases for looting and rioting, while Portland isn’t pursuing charges for trespassing. Philadelphia won’t allow prostitution charges. San Francisco is not prosecuting indecent exposure offenses. Chicago declines arrests for thefts of less than $1,000. Did a sudden decision from the Supreme Court invalidate these crimes? Are the police on strike? Are the prosecutors’ offices short-staffed? No: each office is not prosecuting these cases based on the discretion of the city’s chief prosecutor. Unfortunately, these officials misinterpret, misunderstand, and misapply the legal concept of prosecutorial discretion.

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