So the FBI caves. I think this is a big deal with implications far beyond the immediate kerfuffle. Back in the Pleistocene when I went to law school, I was taught that the one non reviewable decision was the decision not to prosecute. It's a rule that his never been completely immune to criticism: we can all think of cases where a prosecutor seems to have buried a contentious case without any obligation to explain himself to the world or anybody. But mostly I'd say it has worked pretty well. The thinking seems to be that prosecutors must have some freedom of motion, and that in general, a mistake in deciding not to prosecute is just nowhere near as harmful or invasive than a mistake in deciding to go forward.
Lately I think we've heard more criticism of the no-prosecute rule, particularly in the realm of "sex cases"--rape or abuse
. I suspect that most prosecutors think that cases of this sort are just rough to prosecute, too easy to lose--and that losses may defeat the whole purpose of the enterprise. And I haven't any doubt that there are some prosecutors who think these cases just aren't that-all important anyway.
Whatever. What's sure is that we are hearing a progressively louder chorus of complaint from victims and their advocates that their concerns just aren't being taken seriously enough--and that one path to reform would be to compel the prosecutor to explain or justify his no-prosecute decision.
If I were a lawyer likely to get embroiled in this kind of controversy, I'd be opening a new file on the FBI decision to turn over. Either yea or nay, I'll be needing to bone up on all the arguments so I will be ready as the issue evolves.
Lately I think we've heard more criticism of the no-prosecute rule, particularly in the realm of "sex cases"--rape or abuse
. I suspect that most prosecutors think that cases of this sort are just rough to prosecute, too easy to lose--and that losses may defeat the whole purpose of the enterprise. And I haven't any doubt that there are some prosecutors who think these cases just aren't that-all important anyway.
Whatever. What's sure is that we are hearing a progressively louder chorus of complaint from victims and their advocates that their concerns just aren't being taken seriously enough--and that one path to reform would be to compel the prosecutor to explain or justify his no-prosecute decision.
If I were a lawyer likely to get embroiled in this kind of controversy, I'd be opening a new file on the FBI decision to turn over. Either yea or nay, I'll be needing to bone up on all the arguments so I will be ready as the issue evolves.