After a few years in civil litigation and property law, Mike became a Deputy District Attorney in Fresno, where he saw the effects
of prosecutorial abuse on people who were trying to recover in the face of serious charges.
When you think about
some of the prosecutorial abuses in the criminal process even where defendants are represented by counsel, the odds that Stewart could beat his charges at a pro se are very high indeed.
Not exact matches
The real crisis in this state is the kind
of political witch - hunt and
prosecutorial abuse.»
«These self confessed forgery and
abuse of public trust are crimes within investigative and
prosecutorial powers law enforcement agencies.
She has campaigned to stop jail expansion; confront police violence; reveal
prosecutorial misconduct; bring visibility to women prisoners, political prisoners, and people confined to control units; interrupt gender discrimination and bias within prisons, policing, and sentencing; challenge the human rights
abuses of prisoners, former prisoners and their family members, and experiment with decarceration models for shrinking the system.
Such cases are much more analogous to Cuccinelli's
abuse of his
prosecutorial powers.
It was widely decried as an
abuse of prosecutorial power, a waste
of taxpayer money, and a threat to academic freedom.
Courts can not only order prosecutors to consider a case, but they can also find an «
abuse of prosecutorial discretion» and then decide themselves whether the state has to prosecute a case, enforce a law, etc..
Justice Archie Campbell saw through the OSC's tactic, noting the defence «has a right to make allegations
of abuse of process and
prosecutorial misconduct» and he refused to kick Hryn off, noting there was a «real basis for the defence concern about Mr. Naster's failure to appreciate his duty to follow adverse rulings.
It adds: «The threat
of a corporate death sentence is an
abuse of prosecutorial discretion against any but the most corrupt criminal enterprises — namely, the mob.»
The standard
of review almost always requires the petitioner to show that the failure to prosecute was «an
abuse of prosecutorial discretion.»
In criminal cases, a judge will be reluctant to give a stay
of adjudication without prosecutor approval (or finding an
abuse of prosecutorial discretion) but in petty misdemeanor traffic cases judges are more willing despite prosecution opposition.
[45] In explaining how I reach this conclusion, I first outline the approach to the review
of prosecutorial discretion, including the threshold evidentiary burden that must be met by an accused person alleging an
abuse of process based on the improper exercise
of prosecutorial discretion.
I have called a tie between Nickey Johnson's submission regarding
prosecutorial discretion and its potential for
abuse and Stefon Lyons and Arely Lopez's team submission regarding the use
of Big Data to predict legal outcomes.
The majority held that decisions about professional discipline are akin to
prosecutorial discretion, such that errors «must likely approach an
abuse of process to invite judicial intervention» (at para 47).