SECRECY NEWS – PROSECUTORIAL DISCRETION IN IMMIGRATION CASES

"Under the Federal criminal justice system, the prosecutor has wide
latitude in determining when, whom, how, and even whether to prosecute for
apparent violations of Federal criminal law," says the U.S. Attorneys'
Manual. "The prosecutor's broad discretion in such areas as initiating or
foregoing prosecutions, selecting or recommending specific charges, and
terminating prosecutions by accepting guilty pleas has been recognized on
numerous occasions by the courts." (Chapter 9-27).

Although prosecutors enjoy broad discretion concerning whether and whom to
prosecute, there are limits, the Manual says, and consequences for
prosecutorial overreaching:  "Serious, unjustified departures from the
principles set forth herein are [to be] followed by such remedial action,
including the imposition of disciplinary sanctions, when warranted, as are
deemed appropriate."

(After the execution of Socrates, remorseful Athenians rose up against his
three prosecutors, according to the uncorroborated account of Diogenes
Laertius.  Meletus was stoned to death, while Anytus and Lycon were
banished.)

The exercise of prosecutorial discretion is discussed in a new report from
the Congressional Research Service, which focuses particularly on
immigration cases.

The report "addresses the constitutional and other foundations for the
doctrine of prosecutorial discretion, as well as the potential ways in
which prosecutorial discretion may be exercised in the immigration
context." It also considers "potential constitutional, statutory, and
administrative constraints upon the exercise of prosecutorial discretion."

See "Prosecutorial Discretion in Immigration Enforcement: Legal Issues,"
January 17, 2013:

        http://www.fas.org/sgp/crs/misc/R42924.pdf

Some other new and updated CRS products that Congress has not authorized
CRS to release to the public include these:

Chemical Facility Security: Issues and Options for the 113th Congress,
January 14, 2013:

        http://www.fas.org/sgp/crs/homesec/R42918.pdf

Nonstrategic Nuclear Weapons, December 19, 2012:

        http://www.fas.org/sgp/crs/nuke/RL32572.pdf

The Protection of Classified Information: The Legal Framework, January 10,
2013:

        http://www.fas.org/sgp/crs/secrecy/RS21900.pdf

Crisis in Mali, January 14, 2013:

        http://www.fas.org/sgp/crs/row/R42664.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691
twitter: @saftergood