The Discipline of Prosecutors: Should Intent be a Requirement?

February 16, 2009
The American prosecutor is an amalgam in terms of historical background. The office as it appears today draws its foundation from the British Attorney General, the French procureur publique and the Dutch shout. Add to this mix of common and civil law pedigree the uniqueness of the American landscape and society, and one gets a distinct and unique public servant. Paramount among the defining aspects of the American prosecutor is his immense power. He, or she, simply wields an enormous amount of discretion in terms of when to prosecute, whom to prosecute, and how to prosecute....