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It has also developed a risk assessment tool that should create some consistency and fairness in decisions to detain and perhaps most significantly the administration has issued a series of memos and directives on prosecutorial discretion allowing and even directing staff in the field to use discretion in enforcing immigration laws and using government resources.
They go to prosecutorial motivation and direction.
The directive allows ICE Field Office Directors to exercise prosecutorial discretion in immigration enforcement proceedings, including taking into consideration whether a potential deportee is a parent or legal guardian of a minor child or the child's primary caretaker.
Another directive earlier last year encourages ICE agents to exercise prosecutorial discretion on parents of children.
341 This is known as 'the prerogative of prosecutorial discretion' or simply 'prosecutorial discretion.' Assistance, guidance, and sometimes direction on the exercise of prosecutorial discretion is provided to individual prosecutors through guidelines found in Crown Policy Manuals under the authority of the federal or provincial Attorney General.
The Justice Department's directive, involving a process known as deferred prosecutions, signaled "an important step away from the more aggressive prosecutorial practices seen in some cases under their predecessors," Sullivan & Cromwell, a prominent Wall Street law firm, told clients in a memo that September.
Prosecutorial ambitions?
Prosecutorial misconduct.
— abuse of prosecutorial power".
Prosecutorial discretion is not unlimited.
The prosecutorial details mount.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com