The Ohio Prosecuting Attorneys Association worries that the Florida case threatens the principle of 'prosecutorial discretion' — that faced with limited time and resources, prosecutors need great latitude to decide which cases are most wisely brought.
The following article was originally published in the Ohio Capital Journal and published on News5Cleveland.com under a content-sharing agreement.
“This case is about a ‘prosecutor’s veto’ — the nullification of a democratically passed law by the act of an executive,” Yost said in an email Thursday. “The application of discretion to a single case is proper; the application of discretion to every case arising under a statute eliminates the legislative act itself, the core function of a democratically elected government.”Yost on Wednesday led the Republican attorneys general in filing a friend-of-the-court brief with the 11th U.S.
“Those prosecutors have considerable discretion to decide whether to prosecute violations in particular cases,” the brief said. “They do not have the power to effectively repeal laws by categorically suspending enforcement.” He singled out Philadelphia District Attorney Larry Krasner, who survived an impeachment attempt after Krasner said the office would no longer prosecute marijuana possession, would slash prosecutions of sex workers, sought reduced sentences for other crimes and called to abolish Pennsylvania’s death penalty. Tobin also slammed Los Angeles County District Attorney George Gascon, who survived a recall attempt that started just when he took office.
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