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But prosecutorial guidance falls a long way short of a general public interest defence.
The Trump administration moved last year to revoke Obama-era prosecutorial guidance that generally urged non-intervention with local marijuana laws.
This is because the DOJ's prosecutorial guidance for charging corporations with federal crimes is more robust than the guidance for charging individuals.
They were left to sift through the evidence on their own, with no prosecutorial guidance about what to charge.
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They go to prosecutorial motivation and direction.
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.
I conclude that given the breadth of prosecutorial discretion and the deferential, limited nature of judicial review, the guidance that the DOJ provides will chiefly define the future development of its emerging structural regime for deterring organizational crime.
To provide reasonable guidance to the press while limiting the dangers of unchecked prosecutorial discretion, we need clear and straightforward rules.
Prosecutorial ambitions?
Prosecutorial misconduct.
— abuse of prosecutorial power".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com