Response#12 LSJ 375 - Reponse: Arbitrary Justice State and...

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Reponse: Arbitrary Justice State and federal prosecutorial power and discretion is largely an uncontrolled entity within the executive branch free to evaluate and enforce its own decisions. Davis argues that because this faction’s activities occur at a stage that is for the most part hidden from public view, it therefore lacks the essential structure of checks and balances present in other forms of government. In addition, he maintains that this unchecked entity is enforcing arbitrary justice based upon elements of expediency and individual judgment. Davis concludes that prosecutorial discretion bears a weight far too heavy for a single branch of government (let alone an individual) to maintain without the equalizing effect of public accountability. Davis’ argument centers on the fundamental question of direct representation. Are the elected officials within government making decisions that reflect citizen majority interest or are they merely enforcing arbitrary personal judgment? The democratic electoral process is rooted in the concept that
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This note was uploaded on 10/21/2008 for the course LSJ 375 taught by Professor Herbert during the Fall '07 term at University of Washington.

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