Sentences with phrase «prosecutorial discretion»

It applies prospectively to the exercise of prosecutorial discretion in future cases and does not provide defendants or subjects of enforcement action with a basis for reconsideration of any pending civil action or criminal prosecution.

These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence - specific charging guidelines, and the exercise of judicial discretion in sentencing.

I spoke with Rob Breakenridge about Quebec's «right to die» legislation and a timely Supreme Court of Canada case on prosecutorial discretion.

I am very pleased to hear of these developments, though I can not resist noting that I urged them nearly a decade ago in at a symposium about prosecutorial discretion at Temple School of Law.

Question: What records must charter schools provide to help current and former students meet the requirements of President Obama's June 15, 2012 executive order regarding the execution of prosecutorial discretion with respect to individuals who came to the United States as children?

Attorneys with the Capital Area Immigrant Rights (Cair) Coalition, who met with more than 70 other launched detainees with lowered sentences, say he has one of the greatest cases for prosecutorial discretion as detailed in a 2014 memo by the head of the Department of Homeland Security.

The Report concluded that the wide latitude for prosecutorial discretion, and the absence of judicial accountability, presented opportunities for abuse.

A prosecutor can decide as a matter of prosecutorial discretion not to press charges in stale cases even if the prosecutor has the legal authority to do so.

A multitude of factors may be considered by the District Attorney in his exercise of prosecutorial discretion regarding whether or not to pursue charges in this matter.»

A lot of these were done through prosecutorial discretion and encorcement discretion.

But what relief exists in cases where Prosecutorial Discretion might be used to protect people who are powerful, influential, and / or friends of the Court?

The Attorney General or other public officials with a prosecutorial function are entitled to a strong presumption of exercising prosecutorial discretion independently of partisan concerns.

As for how prosecutorial discretion should be exercised regarding Spitzer, it is interesting to think about how he might have answered the question in similar circumstances just a few years ago.

Again, I'm not arguing prosecutorial discretion, again, I agree with you... but how you can implicitly endorse fucking someone up (and using TLO to do it) is beyond me.

Before a court will review prosecutorial discretion, an accused must meet a threshold evidentiary burden.

(BTW, prosecutors are the only ones who think prosecutorial discretion protects the innocents, so a citizen doesn't have much more protection - at least before charges are filed - than someone who is e-shamed.

Prosecutorial discretion serves to direct resources toward higher priority targets.

And that's not really an invitation to argue about prosecutorial discretion because, again, I disagree with the DA, but how about just don't tell us to fuck up people?

«In an August 2013 memo, the Department of Justice signaled that law enforcement agencies should use prosecutorial discretion in cases involving legalized marijuana,» Schumer and Gillibrand wrote in the letter to outgoing US Attorney General Eric Holder.

The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors have in determining when, whom, how, and even whether to prosecute apparent violations of the law.

However, standing to challenge alleged violations of the Take Care Clause may be limited, and no court appears to have invalidated a policy of non-enforcement founded upon prosecutorial discretion on the grounds that the policy violated the Take Care Clause.

The immigration court has also administratively closed 20 cases, with the government choosing prosecutorial discretion in 13 of them.

The president pointed to executive orders issued by Democratic and Republican predecessors and said presidents exercise «prosecutorial discretion all the time.»

Students who have been granted prosecutorial discretion through Deferred Action, Stay of Removal or various forms of temporary humanitarian relief but are unable to fully legalize their status.

Importance: Recently the Supreme Court of Canada in R. v. Anderson, 2014 SCC 41 at para. 44 described prosecutorial discretion as «an expansive term that covers all decisions regarding the nature and extent of the prosecution and the Attorney General's participation in it».

The authority of a prosecutor to prosecute a crime over the objections of the victim, or to decline to prosecute a crime despite a victim's insistence that it be prosecuted (even when the victim can prove that the crime was committed by someone) is called prosecutorial discretion and is very nearly absolute in U.S. criminal law jurisprudence.

Does broad prosecutorial discretion inject personal preferences into the administration of the law?

Kids in hot cars is a specialized niche in case law, so I don't think one can learn much about the nature of prosecutorial discretion from focusing just on those cases (Lexis gives me over 1000 cases involving «negligent homicide» and only 185 of them are about children; 85 of those are about cars; 6 are about anything hot).

This means that whatever factors affect prosecutorial discretion (such as the prosecutor knowing who they have to work with on other days) can become significant in the determination.

The plan relies on the President's prosecutorial discretion authority, recognizing that immigration enforcement is necessarily selective and that Congress funds capacity for about 400,000 deportations each year.

We will discuss enforcement practices, risk assessment for clients, and arguments and strategies for advocates to obtain prosecutorial discretion for your clients.

Absent such an obligation, the prosecutor's decision is a matter of prosecutorial discretion which is reviewable by the courts only for abuse of process.

The courts have long recognized that decisions involving prosecutorial discretion are unlike other decisions made by the executive....

The latest information on addressing removal issues including prosecutorial discretion, issues that can appealed or waived and using U nonimmigrant status as a relief from removal or a means to terminate proceedings

The defendants resisted disclosure of certain documents on the authority of R. v. Anderson (SCC 2014), which was said to have established a broad rule imposing a «threshold evidentiary burden» on a party challenging prosecutorial discretion.

In Europe, two means of confining and controlling prosecutorial discretion exist: private prosecution and court supervision.

In many systems, prosecutorial discretion extends beyond the simple alternative between prosecution and complete inaction.

Help the committee by filling out this survey, Prosecutorial Discretion Prior to Issuance of NTA.

Does prosecutorial discretion actually go as far as to simply refuse to enforce the law?

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Toward the end of the chapter, prosecutorial discretion becomes the focus in a section devoted to the issue.

And what counts as legal can not always just be looked up, in part because so much depends on prosecutorial discretion.

Drug sentencing also provides a great vehicle for thinking about prosecutorial discretion.

Prosecutorial discretion as a check on lawful but unjust government excercise of power (a la Spitzer)