Comments on: Government Charges Two Former USF Students With Terrorism Counts http://jonathanturley.org/2008/04/22/government-charges-two-former-usf-students-with-terrorism-counts/ Res ipsa loquitur ("The thing itself speaks") Mon, 28 May 2012 09:40:59 +0000 hourly 1 http://wordpress.com/ By: mespo727272 http://jonathanturley.org/2008/04/22/government-charges-two-former-usf-students-with-terrorism-counts/#comment-11712 Tue, 22 Apr 2008 19:43:02 +0000 http://jonathanturley.wordpress.com/?p=1621#comment-11712 I have often wondered by what standard do we judge prosecutorial discretion. Judges, depending on whether they are ruling in law (like a criminal case) or equity (like a land partition case) are subject to differing standards on appeal to gauge their decisions. The abuse of discretion standard usually applies in an equity cases, and the concept of legal error usually applies to actions at law, great deference being accorded Judges when they make findings of fact since they actually see the demeanor of the witnesses, and have a flavor for the other evidence.

Prosecutors in their charging decisions seemingly have no such prohibitions, save that they must have a good faith basis to bring the charge based on the law and the evidence. They may not charge citizens selectively, charging some for a given offense, but not others on the same facts. What happens when they arbitrarily charge someone for political or career advancement reasons? I have never seen a prosecutor hauled before a Bar ethics committee to answer for arbitrary conduct, and I bet no one else has either. Maybe we should establish a separate tort for abuse of prosecutorial discretion and waive sovereign immunity in states that have it. The Duke Lacrosse scandal comes to mind.

]]> By: dunder http://jonathanturley.org/2008/04/22/government-charges-two-former-usf-students-with-terrorism-counts/#comment-11689 Tue, 22 Apr 2008 12:14:27 +0000 http://jonathanturley.wordpress.com/?p=1621#comment-11689 I don’t recall any such “major terrorist coup” blather at the time at all. Funny how you characterize it as such. It sounded like they had a trunk full of fireworks or something of that order.

Whatever on the “explosives”, it is illegal for a person on a student visa to handle a firearm. If you want to mock his being charged for that; your argument is with the law, not law enforcement.

]]> By: The Police State in Action « BuelahMan’s Redstate Revolt http://jonathanturley.org/2008/04/22/government-charges-two-former-usf-students-with-terrorism-counts/#comment-11687 Tue, 22 Apr 2008 11:58:49 +0000 http://jonathanturley.wordpress.com/?p=1621#comment-11687 [...] Posted by buelahman on April 22, 2008 From the Tampa Bay Online (h/t Jonathon Turley): [...]

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