Discuss the presumption of regularity regarding a prosecutor’s filing of criminal charges. Should the exercise of prosecutor discretion in bringing criminal charges be considered ill-suited for judicial review? Why or why not? Without review, how can the system address selective prosecution and vindictive prosecution?
This is not merely an opinion question. You need to make your argument and support your argument with research.
In answering this question, think about why the courts have adopted the view that prosecutors’ charging decisions are “ill-suited for judicial review” (Wayte v. United States, 470 U.S. 598, 607, [1985]). Do you agree with this viewpoint? Why or why not?
You must include at least 1 scholarly reference in addition to your textbook.
Textbook:
Lippman, M. (2019). Criminal procedure (4th ed.). Thousand Oakcgos, CA: SAGE Publications, Inc. ISBN: 978-1544334752
