Reponse: Arbitrary JusticeState 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?
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Separation of Powers, federal prosecutorial power, future prosecutorial reform