The public interest, established by thousands of disciplinary statutes, should begin and end with the linkage between specified misbehavior and specified sanctions. With those sanctions achieved, the establishment of the facts of the misbehavior – at least by the prosecutor or agency in question – is not important. Why then is it pursued? Often, I believe, from the conscious desire to inflict those collateral consequences, a blood-lust to stigmatize.
Posts Tagged ‘prosecutorial discretion’
The role of the leakers and the press and bloggers who disseminate what the leakers share is not institutionalized, and there is little or no quality control. But as a result of their actions, things that need to be made public, like torture and illegal wiretaps, often are publicized. The Leakocracy serves as a valuable if not vital safety valve in our society.
This effort to try to extradite Roman Polanski seems like a bad idea. However bad what the Polanski of 1977 did may be, you cannot punish him. He no longer exists, worn away by half a lifetime of subsequent experiences and choices. Moreover, at least one of the traditional reasons for imprisoning people, to […]