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Prosecutorial Discretion and Republican Non-Domination
2020
Ethical Theory and Moral Practice
Prosecutors in the US legal system have great power to interfere at their discretion in the lives of citizens, and face relatively few checks on the exercise of this discretion. The vast scope of the criminal law provides a pretext for prosecuting nearly anyone. Meanwhile, other features of the legal system, such as the way plea bargains are structured and the doctrine of prosecutorial immunity, further increase prosecutorial power. And existing institutional restraints on prosecutorial abuses,
doi:10.1007/s10677-020-10122-y
fatcat:xyu4z2k4vja2tisnjb72mv5cri