PROSECUTORIAL DISCRETION

[U]nder American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation. This discretion of the prosecuting attorney is called prosecutorial discretion.             -U.S. Legal Definitions (http://definitions.uslegal.com/p/prosecutorial-discretion/) The following are two recent cases, one prosecuted and one not prosecuted: Martha Stewart Martha Stewart, lifestyle diva and now a billionaire, sold $228,000 worth of ImClone Systems stock on Dec. 27, 2001, just a day before it was announced that the Food and Drug Administration had rejected ImClone’s application for approval of a cancer drug.  ImClone’s stock plummeted that day.  Stewart avoided $51,000 in losses by selling when she … Continue reading