آزمون های کارشناسی ارشد حقوق متون حقوق به زبان انگلیسی سال 1400

Prosecutors routinely decline to lile charges in individual cases; sometimes they also announce general policies about declinations that apply prospectively to entire calegories of cases. The legitimacy of these categorical declination policies is in dispute. Current accounts of declinations rely on arguments about the traditional activities of prosecutors and the distinction between executive and legislative functions in constitutional separation of powers doctrine. The argument in this article is that chief prosecutors in state court systems hold competing loyalties to statewide voters and local voters. These duties to stalc and local politics should also influence the declination policies that a prosecutor adopts. Duties to statewide voters derive from the fact that state legislatures create the criminal codes that prosecutors enforce. State government also funds soine of the work of local prosecutors, but that funding is not sufficient to allow full enforcement of the criminal law. The state-level polity, empowers the local prosecutor to allocate scarce resources and to declion for entire categories of cases as a means of promoting public safety that matches local conditions. Local proscculors can meet their obligations to the statewide polity by framing their policies as rebuttable presumptions against filing charges and by justifying those policies as a reallocation of limited resources.