Wednesday, May 13, 2015

Featured Article: The Problem with Government Prosecutors

Michael N. Giuliano

The state prosecutor is the quintessential bureaucrat — powerful and unaccountable. Whence cometh this unaccountable and bureaucratic prosecutorial rule? The words of Maryland State Attorney Marilyn Mosby from May 1, 2015 are telling:

It is my job to examine and investigate the evidence of each case and apply those facts to the elements of a crime, in order to make a determination as to whether individuals should be prosecuted. ... [T]o the youth of the city. I will seek justice on your behalf. ... You’re at the forefront of this cause and as young people, our time is now. [emphasis added]

Such is the powerful rule of prosecutors in America with unilateral authority to impose felony charges. Individual defendants, as in the Gray case, may be unilaterally charged by the prosecutor in certain states, without resort to a grand jury, all based on the temperature of a political issue or “cause,” not a reasonable, individualized assessment of guilt. Many American prosecutors have undoubtedly gone wild in an attempt to further their careers and obtain revenge on political enemies. The “grand jury” in Baltimore was composed of one politician. As with Angela Corey, the Florida prosecutor in the George Zimmerman case, career advancement is something obtained by way of the lives and reputations of others….To Read More…..

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