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Federal officials agreed "the situation is very fluid," with a variety of prosecutorial options under consideration.
While advocates applauded the move to criminalize nonconsensual porn in both criminal and civil courts thus expanding the prosecutorial options for victims it quickly became clear that the civil law, too, is flawed.
While advocates applauded the move to criminalise nonconsensual porn in both criminal and civil courts – thus expanding the prosecutorial options for victims – it quickly became clear that the civil law, too, is flawed.
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Thats largely a matter of "prosecutorial discretion," which in the case of options backdating means a careful calculation of what will play with a jury.
Last year, Goethals excluded the death penalty option for Dekraai due to "ongoing prosecutorial misconduct". Goethals instead sentenced Dekraai to eight consecutive life terms in prison without the possibility of parole.
Last year, in a rare move, then-Superior Court Judge Thomas Goethals excluded the death penalty option for Dekraai due to "ongoing prosecutorial misconduct," and the prosecution team being "unable or unwilling" to provide all relevant records to ensure that Dekraai would get a fair penalty trial.
U.S. Federal District Judge Cormac Carney in California threw out the 21 charges of backdating options against Nicholas on Dec. 15, citing prosecutorial misconduct and a lack of evidence.
Podgor of Stetson University said the line between legal and illegal options policies is "fuzzy" and many of the potential prosecutorial targets "are individuals who, if it was very clear cut, would not commit criminal acts".
Mr. Holder's choice is not simply a prosecutorial judgment.
If it begins to infuse meaning into the due process and equal protection doctrines meant to protect criminal defendants from prosecutorial misconduct and overreaching, lower courts will follow its lead (and option 1 will become viable again).
(AP) — A federal judge dismissed fraud and conspiracy charges Tuesday in the stock-option backdating case against two Broadcom Corporation executives, because of prosecutorial misconduct.
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