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Prosecutorial Discretion

Speaking at Harvard Law, "Making a Murderer" Attorney Dean Strang Highlights Our Troubling Rate of Wrongful Convictions--and Suggests a Solution

Michael Shammas | Posted 07.12.2016 | Crime
Michael Shammas

The vast majority of prosecutors are true professionals, keenly aware of their immense power and its consequent responsibility. They form accurate conclusions on guilt far more often than the converse. Still, cognitive bias and overconfidence touch us all.

Prosecutorial Discretion Run Amok

Bennett L. Gershman | Posted 04.21.2016 | Crime
Bennett L. Gershman

Lee Carroll Brooker, a 76-year-old decorated and disabled combat war veteran was sentenced to die in prison for growing marijuana in his backyard. He ...

SCOTUS: Is Trump's Immigration Policy More Constitutional Than Obama's?

Amy Dardashtian | Posted 01.26.2017 | Politics
Amy Dardashtian

From a purely legal perspective, our present immigration policy is more favorable to Donald Trump's plan to mass deport immigrants than it is to President Obama's attempts to keep families together.

No Room for Gray Areas in Obama's Deportation Guidelines

Juan Escalante | Posted 05.04.2015 | Politics
Juan Escalante

Yes, President Obama highlighted that his administration would appeal the judge's ruling during a nationally televised immigration town hall last week, but what exactly does that mean for the beneficiaries of the DACA+ and DAPA program in the meantime?

Tragedies Surround the Death of Michael Brown

Juan Cartagena | Posted 01.25.2015 | Latino Voices
Juan Cartagena

The tragedy of Michael Brown's death, unarmed and shot by a member of the Ferguson police, is now followed by the tragic failure of the local courts to force the policeman to stand trial. This cannot stand without a measure of accountability. And on that score look no further than the prosecutor's office.

Immigration Humanitarian Crisis

Joe Peyronnin | Posted 10.07.2014 | Politics
Joe Peyronnin

In the near future, Attorney General Eric Holder and Homeland Security Secretary Jeh Johnson will present the president with options for changing deportation policies. The president should move quickly on their recommendations and do what he was elected to do.

Refusing to Defend Unjust Laws: Prosecutorial Discretion or Prosecutorial Nullification?

Bennett L. Gershman | Posted 04.29.2014 | Politics
Bennett L. Gershman

Holder decries a law that is not only morally repugnant, as Johnson did, but also almost certainly unconstitutional. Defending such laws, as the Republican attorneys general claim they must do, may be a principled exercise of discretion, but a foolish and irrational one.

Coffman Again Walking Back Extreme Statement

Jason Salzman | Posted 02.03.2014 | Denver
Jason Salzman

Yesterday, the Denver Post's Allison Sherry reported that Coffman's spokesman "tried to soften the congressman's assertion last week that he is looking into whether to sue President Barack Obama on abuse of power, saying, 'litigation, legislation -- all of it is on the table.'"

Overcharging George Zimmerman With Murder

Bennett L. Gershman | Posted 08.31.2013 | Crime
Bennett L. Gershman

The first week's testimony in the Zimmerman trial shows clearly that Special Prosecutor Angela Corey overcharged Zimmerman with murder in the second degree.

A Shameful Moment: House Members Vote Against Children, Public Safety and National Security

National Council of La Raza | Posted 08.07.2013 | Latino Voices
National Council of La Raza

While many in the GOP are working to rebuild the party's relationship with America's Latinos, some Republicans in the House GOP appear ready to sing the same old poisoned song on immigration, with Rep. Steve King (R-Iowa) leading the chorus.

Elise Foley

House Votes In Support Of Deporting Dreamers | Elise Foley | Posted 06.06.2013 | Politics

WASHINGTON -- The House voted 224-201 on Thursday to end Department of Homeland Security discretion policies that allow it to delay deportations for y...

Killing Jody Arias -- Is the Prosecutor Playing God?

Bennett L. Gershman | Posted 07.28.2013 | Crime
Bennett L. Gershman

Arizona, along with California, are the only two states that allow the prosecutor to try again for the death penalty after a jury has been unable to agree on imposing death, and the judge has declared a mistrial of the penalty proceeding.

Radley Balko

Feds Say Trespassing Peace Activists Are A National Security Threat | Radley Balko | Posted 05.20.2013 | Politics

In another case of possible overreach by federal prosecutors, an 82-year-old nun and two anti-nuclear activists face long prison terms after being con...

Prosecutor Shaming: Florida State's Attorney Ed Brodsky

Radley Balko | Posted 05.11.2013 | Politics

Last May, Sarasota County, Florida Dep. Dominic Fornal claimed he could smell marijuana coming from the inside of a car he was following at 35 miles p...

Prosecutor Shaming: Berkshire, Massachusetts Second Assistant District Attorney Robert W. Kinzer III

Radley Balko | Posted 04.30.2013 | Politics

Mr. Kinzer thinks we must protect sexting teenagers from ruining their lives . . . by ruining their lives. As the head of the DA's computer cri...

Inequality, Capitalism and a Nation of Men

Bruce Judson | Posted 04.28.2013 | Business
Bruce Judson

John Adams famously sought to create "a government of laws and not of men." Sadly, I suspect John Adams would be disappointed in the nation today.

In Remembering Aaron Swartz, Let's Not Forget Jamel Dossie

Ian Bassin | Posted 03.27.2013 | Politics
Ian Bassin

Often it takes a rare injustice perpetrated against a privileged young person for our society to recognize the common injustices we visit every day upon less-privileged minorities.

Elise Foley

Mississippi Joins Lawsuit Against Obama Immigration Policy | Elise Foley | Posted 10.10.2012 | Politics

WASHINGTON -- The state of Mississippi joined a lawsuit Wednesday against the Obama administration over its decision to stop deporting some undocument...

Gay Binational Couples Need More Than Discretion

Erwin de Leon | Posted 02.02.2016 | Queer Voices
Erwin de Leon

Now, if President Obama is re-elected, he can issue an executive order recognizing legally married same-gender couples, granting them immigration and other benefits. Judging from the past four years though, the chances of this happening are slim to none.

Elise Foley

Same-Sex Couples To Be Officially Considered Families In Deportation Decisions | Elise Foley | Posted 09.28.2012 | Politics

WASHINGTON -- Department of Homeland Security Secretary Janet Napolitano said Thursday that she will instruct immigration agents to consider same-sex ...

Elise Foley

Immigration Agents Sue Federal Government Over Deferred Action | Elise Foley | Posted 08.23.2012 | Politics

WASHINGTON -- Arizona immigration law author and Kansas Secretary of State Kris Kobach is representing 10 immigration agents in a lawsuit filed Thursd...

Reminding Christopher Crane That He Is President of the ICE Union, Not the United States

David Leopold | Posted 10.03.2012 | Politics
David Leopold

It is nothing less than shameful, indeed scandalous, that this ICE bureaucrat would work in cahoots with the president's political opponents to thwart legitimate policy objectives.

Phantom of a DREAM

Aggie R. Hoffman | Posted 06.23.2012 | Latino Voices
Aggie R. Hoffman

So, why was such fanfare made of this two year provision? Was it the EAD? Was this election year politics? Is this a peace offering by President Obama for not tackling promised immigration reform during his first two years in office?

House Votes on Immigration: An Opportunity for Bolder Executive Action

Mary Giovagnoli | Posted 08.13.2012 | Politics
Mary Giovagnoli

There's still time to turn the ship around, starting with bolder, more concrete action to protect DREAMers from deportation and better implementation of the existing prosecutorial discretion memos.

Elise Foley

House GOP Votes To Defund Obama Immigration Efforts | Elise Foley | Posted 06.08.2012 | Politics

WASHINGTON -- The House voted on Thursday to kill nearly every action by the Obama administration to reform the immigration enforcement system, approv...