Doesn’t Matter Who Wins the K Race; We’re All the Same

[sebastian_dangerfield]

Originally Posted by Pretty Little Flower

I am probably as sympathetic as anyone here to Sebastian's concerns about abuse of prosecutorial discretion and other misconduct. But the idea that the remedy is to probe into the prosecutor's motives to determine whether the prosecution was inspired by the desire for some political advancement or goal seems somewhere on the spectrum from hugely impractical to koo koo pants. In fairness, though, I think Sebastian was not suggesting that anyone with the chops to create media buzz would "get off," but that a defendant might be able to avail him or herself of an additional defense if the defendant could convince the judge that he/she had established whatever showing was necessary to allow for an inquiry into the prosecutor's charging decision.

Yup.

And also, how can selective prosecution not apply as a defense where Blacks are being targeted for so many prosecutions where Whites are not? Statistically, that’s an all but irrefutable defense.

ETA: Also, shouldn’t charging for career or political reasons be considered corruption? If not, why? How is that not a prosecutor exploiting office for personal gain?