4
Dispatch → Bulletin → Campaign
Vote Against GA resolution Prosecutorial Discretion Act
Resolution Analysis
Overview
This resolution proposal seeks to regulate the discretion of prosecutors in a trial. In particular, it requires that prosecutors recuse themselves if there is a conflict of interest and also prohibits decisions on prosecution (or lack thereof) based on ethnicity, gender and other factors. It also bans retaliation against defendants and places restrictions on plea bargaining.
Recommendation
We have a number of issues with this resolution. Two tactical issues: the requirement for prosecutors to pay punitive damages on top of compensatory damages for failing to recuse themselves (in case of civil litigation) seem unduly harsh, given that they are likely to lose their jobs (and their law licenses anyway) under this proposal. There's also staffing issues which remain unresolved in case of related cases (excluding re-trials) where prosecutors need to recuse themselves - there are some limited circumstances (such as smaller jurisdictions) where this may be difficult.
For the above reasons, the Ministry of World Assembly Affairs recommends a vote Against the at-vote GA resolution, "Prosecutorial Discretion Act".