While reading this editorial (George Will: When everything is a crime http://www.washingtonpost.com/opinions/when-everything-is-a-crime/2015/04/08/1929ab88-dd43-11e4-be40-566e2653afe5_story.html?wprss=rss_homepage ) which I highly recommend...... I clicked on the link to the below paper and I liked it so much I decided to share it.
I’ve said it before…….. plea bargains should be banned, if a Prosecutor can not prove guilt beyond a reasonable doubt to a judge and or/ jury then a conviction should not be allowed, seems that Mr. Reynolds agrees.
Nation: Due Process When Everything Is a Crime
Glenn Harlan Reynolds
Prosecutorial discretion poses an increasing threat to justice. The threat has in fact grown more severe to the point of becoming a due process issue. Two recent events have brought more attention to this problem. One involves the decision not to charge NBC anchor David Gregory with violating gun laws. In
brandishing a thirty-round magazine is illegal and can result in a yearlong
sentence. Nonetheless, the prosecutor refused to charge Gregory despite stating
that the on-air violation was clear.1 The
other event involves the government’s rather enthusiastic efforts to prosecute
Reddit founder Aaron Swartz for downloading academic journal articles from a
closed database. Authorities prosecuted Swartz so vigorously that he committed
suicide in the face of a potential fifty-year sentence.2 Washington D.C.
Both cases have aroused criticism. In Swartz’s case, a congresswoman has even proposed legislation designed to ensure that violating a website’s terms cannot be prosecuted as a crime.3 But the problem is much broader. Given the vast web of legislation and regulation that exists today, virtually any American bears the risk of being targeted for prosecution.